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HomeMy WebLinkAbout11-10-2020 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large 40N1A`Bcy. "t6le•StIti VICE MAYOR JAMES L. WOOD,Lynnhaven—District 5 c v." ' JESSICA P.ABBOTT,Kempsville—District 2 MICHAEL F.BERL UCCHI,Rose Hall—District 3 U / 1 ": \� ,) S BARBARA M.HENLEY,Princess Anne—District 7 zs F LOUIS R.JONES,Bayside—District 4 „3!, •t JOHND.MOSS,At Large AARONR.ROUSE,At Large • •o.ou. N,,t�o+"' • GUY TOWER,Beach—District 6 ROSEMARY WILSON,At Large SABRINA D. WOOTEN,Centerville—District 1 CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE CITY MANAGER—PATRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR-RONALD D.AGNOR November 10, 2020 FAX(757)385-5669 CITYAUDITOR—LYNDONS.REMIAS E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS -Virginia Beach Convention Center— 2:00 PM A. VBCPS REVERSION FUNDING Farrell Hanzaker, Chief Financial Officer— Schools B. COMMERCIAL VEHICLE PARKING AND STORAGE Wells Freed, Housing Code Administrator C. ADDITIONAL LEGISLATIVE AGENDA ITEMS (DOME SITE AND CONVENTION AND VISITORS BUREAU) Ronald Williams, Deputy City Manager Dana Harmeyer, City Attorney D. CARES ACT INITIATIVE—MEMORANDUM OF UNDERSTANDING WITH TIDEWATER COMMUNITY COLLEGE Taylor Adams, Director—Economic Development E. PENDING PLANNING ITEMS Bill Landfair, Planning Evaluation Coordinator—Planning Kevin Kemp, Zoning Administrator II. COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Virginia Beach Convention Center- 4:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -Virginia Beach Convention Center- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. SPECIAL FORMAL SESSION October 20, 20220 G. MAYOR'S PRESENTATIONS 1. PROCLAMATION NATIVE AMERICAN HERITAGE MONTH Chief Emeritus Lee Lockamy—Nansemond Indian Nation 2. RECOGNITION—2020 Sister Cities Association of Virginia Beach (SCAVB) Youth Ambassador 3. PRESENTATION TO CITY COUNCIL—VB HOME NOW Ray Bjorkman, Chairman H. PUBLIC HEARING 1. AMENDMENT TO FY 2020-21 RESOURCE MANAGEMENT PLAN— SCHOOL REVERSION FUNDS I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 7 of Appendix J, Agricultural Reserve Program re eligibility criteria (Requested by Councilmember Henley) 2. Resolution to ADOPT a City Council Policy for Public Outreach and Engagement re Development Applications that Require City Council Approval(Requested by Councilmember Henley) 3. Ordinances to AMEND City Code: a. Section 2-75 re clarify law clerks as non-merit employees b. Section 2-411 re Emergency Management Coordinator c. Section 17-3 re increase the number of members to the Public Library Board 4. Resolution to AUTHORIZE Twelfth Supplemental Master Water and Sewer Bond Resolution of February 11, 1992 and AUTHORIZE the sale of up to $101-MILLION Refunding Bonds, Series of 2020 5. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a Memorandum of Agreement re The Hampton Roads Regional Groundwater Mitigation Program 6. Ordinance to RELEASE $30-Million for Capital Project#100291, "Operations Facility Renovations"re renovations of Municipal Center Buildings 1,2 and 11 7. Ordinances to ACCEPT and APPROPRIATE from the Federal Emergency Management Agency(FEMA)to the FY 2020-21 Fire Department Operating Budget: a. $208,246 re reimbursement of cost for the deployment of the Virginia Task Force 2 Urban Search and Rescue Team to assist areas impacted by the Oregon Wildfires and Tropical Cyclones Laura and Marco b. $987,213 re Cooperative Agreement Grant that continues operation of the Virginia Task Force 2 Urban Search and Rescue Team and AUTHORIZE 0.2 FTE c. $13,464 (for the) FY 2018-19 and $83,833 (for the) FY 2017-18 re Cooperative Agreement Grant that continues operation of the Virginia Task Force 2 Urban Search and Rescue Team 8. Ordinance to ACCEPT and APPROPRIATE $24,010 from the Department of Homeland Security to the FY 2020-21 Fire Department Operating Budget re purchase of a tracking system and personal protective equipment 9. Ordinance to APPROPRIATE $1.8-Million from Fund Balance and AUTHORIZE a$1.1- Million Grant to the Virginia Beach Community Development Corporation(VBCDC) and PROVIDE $700,000 to the Virginia Beach Development Authority (VBDA) and REQUEST the City Auditor to include annual audits of the VBCDC in the audit schedule for three(3) fiscal years 10. Ordinances to APPROPRIATE in Coronavirus Relief Funds to the FY 2020-21 Schools Operating Budget: a. $11,677,033 re eligible expenses such as supplemental staffing costs, personal protective equipment, cleaning supplies, and technology to support distance learning b. $1,634,662 re consistent with the intent of the Elementary and Secondary School Emergency Relief Fund and Governor's Emergency Education Relief Fund 11. Ordinance to TRANSFER$246,158 within the FY 2020-21 Fire Department Operating Budget from the 2017 FEMA Cooperative Agreement Grant re purchase equipment for the Virginia Task Force 2 Team K. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD INVESTIGATIVE REVIEW PANEL MILITARY ECONOMIC DEVELOPMENT ADVISORY BOARD OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARIES BOARD RESORT ADVISORY COMMISSION TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ****************** PUBLIC COMMENT Non-Agenda Items ******************** *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 ***************************** The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to pmcgraw@vbgov.com or call 385-4303. MAYOR ROBERT M. "BOBBY"DYER PRESIDING I. CITY MANAGER'S BRIEFINGS -Virginia Beach Convention Center— 2:00 PM A. VBCPS REVERSION FUNDING Farrell Hanzaker, Chief Financial Officer—Schools B. COMMERCIAL VEHICLE PARKING AND STORAGE Wells Freed, Housing Code Administrator C. ADDITIONAL LEGISLATIVE AGENDA ITEMS (DOME SITE AND CONVENTION AND VISITORS BUREAU) Ronald Williams, Deputy City Manager Dana Harmeyer, City Attorney D. CARES ACT INITIATIVE—MEMORANDUM OF UNDERSTANDING WITH TIDEWATER COMMUNITY COLLEGE Taylor Adams, Director—Economic Development E. PENDING PLANNING ITEMS Bill Landfair, Planning Evaluation Coordinator—Planning Kevin Kemp, Zoning Administrator II. COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Virginia Beach Convention Center- 4:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Virginia Beach Convention Center- 6:00 PM A. CALL TO ORDER— Mayor Robert M. "Bobby" Dyer B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. SPECIAL FORMAL SESSION October 20, 20220 G. MAYOR'S PRESENTATIONS 1. PROCLAMATION NATIVE AMERICAN HERITAGE MONTH Chief Emeritus Lee Lockamy—Nansemond Indian Nation 2. RECOGNITION—2020 Sister Cities Association of Virginia Beach (SCAVB) Youth Ambassador 3. PRESENTATION TO CITY COUNCIL—VB HOME NOW Ray Bjorkman, Chairman � -� 4, U 99tsofR At1° ti Vroctamation Whereat Native Americans have utilized the abundance of natural resources in Virginia and Virginia Beach for over 15,000 years;and Whereas: Significant archaeological sites have been found in Virginia Beach that reveal the details of Native American life here;and 'Whereas: 'The Chesapeake Indian Tribe resided in village settlements in Virginia Beach at the time of or just prior to the early seventeenth century arrival-of permanent'English colonists in the region;and `Whereas: NativeAmericans assisted the'English colonists in their survival.in the'Virginia environment;and 'Whereas: Members of the Nansemond Indian Nation moved eastward settling in areas that included 'Virginia Beach;and Whereas: 'The Commonwealth of Virginia is home to 11 state-recognized Indian tribes and officially recognized the Nansemond Indian Nation in 1985;and Whereas: 'The.United States of America officially recognized the Nansemond Indian Nation in 2018;and Whereas: Members of the Nansemond Indian Nation continue to be vital members of the community in Virginia Beach today;and Whereas: Chief'Emeritus Lee Lockamy is a resident of the City of'Virginia Beach;and `Whereas: November was first declared as Native American ?feritage Month in the United States of America in 1990;and Whereas: 'The Commonwealth of Virginia has commemorated November as Native American ?tentage Month since 1996;and Whereas: 'The Commonwealth of Virginia has recognized the Wednesday immediately preceding Thanksgiving as a Native American Indian(Day of Appreciation;and `Whereas: Native American?tentage Month is an opportunity to celebrate the American Indians who call Virginia Beach home, whose abilities and contributions strengthen our economy, enrich Virginia 'Beach's diverse culture,and invigorate'Virginia(Beach's communities. Now'Therefore,I'Robert 1.(Dyer,!Mayor of the City of.ti irginia Beach,'Virginia,do hereby proclaim: November 2020 Native American Hferitage Montfi I further proclaim: November 25, 2020 American Indian Day of Appreciation In'V4rginia Beach,and furthermore call upon the citizens,government agencies, public and private institutions, businesses and schools in `Virginia(Beach to recognize the contributions of Native Americans to the history and development of the city,state and nation and to commemorate this month with appropriate activities. In'Witness'Whereof i have hereunto set my hand and caused the Official Seal of the City of'Virginia(Beach, Virginia,to be affixed this tenth day of November 2020. e1E4,1 )1° C...1 i - (Robert M. 'Bobby'(Dyer - - Mayor• H. PUBLIC HEARING 1. AMENDMENT TO FY 2020-21 RESOURCE MANAGEMENT PLAN- SCHOOL REVERSION FUNDS Il we. PUBLIC HEARING AMENDMENT TO THE FY 2020-21 Resource Management Marc Appropriation of$36,303,277 for the School Reserve Special Revenue Fund,School Renovation and Replacement Projects,Risk Management Fund, Increased Stipends and One-time Bonuses On Tuesday,November 10,2020,at 6:00 p.m.at the Virginia Beach Convention Center,located at 1000 19. Street, Suite 5, Virginia Beach, Virginia 23451, the Virginia Beach City Council will hold a Public Hearing on a proposed amendment to the FY 2020-21 Operating Budget and Capital Improvement Program(CIP). The amendment is necessary to appropriate, by ordinance or ordinances, $36,303,277 in additional funding from the reversion of FY 2019-20 School funds to the Operating Budget and CIP.The plan for use of such reversion funds is as follows: • $5,500,000 to be appropriated to the School Reserve Special Revenue fund to cover possible revenue shortfalls in the FY 2021-22 School Operating Fund; • $15,803,277 to be appropriated to the CIP: 1. CIP 601026 (formerly CIP 1-024), Lynnhaven Middle School Expansion (Achievable Dream)for$8,750,000; 2. CIP 601015(formerly CIP 1-107),Princess Anne High School Replacement for $7,053,277; • $2,000,000 to be appropriated to the Risk Management Fund; • $13,000,000 to be appropriated to the School Operating Fund: 1. To provide a one-time bonus of$1,000 for all full-time equivalent(FTE)employees for $11,000,000:and 2. Increase the stipend amount for teachers providing dual instruction for Option 1 (face-to-face) and Option 2 (virtual) students for$2,000,000. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register for the WebEx at • httos✓/vbgov.webex.com/vbgov/onstaee/Lohp 7MTID=ed4ca0294bOaad0206dc604ac18adad 2. Register with the City Clerk's Office by calling (757) 385-4303 or via email at ABarnesivbgov.corn prior to 5:00 p.m. on November 10,2020 If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at 757385-4303.If you are hearing impaired, you can contact Virginia Relay at 711 for TDD service. Please provide the Virginia Relay operator the login information for the WebEx and the operator will login to allow participation for individuals with hearing disabilities.The meeting will be broadcast on cable TV, www.vbgov.com,and Facebook Live. All interested parties are invited to attend. Amanda Barnes City Clerk Not Sunday,November 1,2020 I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 7 of Appendix J, Agricultural Reserve Program re eligibility criteria (Requested by Councilmember Henley) 2. Resolution to ADOPT a City Council Policy for Public Outreach and Engagement re Development Applications that Require City Council Approval(Requested by Councilmember Henley) 3. Ordinances to AMEND City Code: a. Section 2-75 re clarify law clerks as non-merit employees b. Section 2-411 re Emergency Management Coordinator c. Section 17-3 re increase the number of members to the Public Library Board 4. Resolution to AUTHORIZE Twelfth Supplemental Master Water and Sewer Bond Resolution of February 11, 1992 and AUTHORIZE the sale of up to $101-MILLION Refunding Bonds, Series of 2020 5. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a Memorandum of Agreement re The Hampton Roads Regional Groundwater Mitigation Program 6. Ordinance to RELEASE $30-Million for Capital Project#100291, "Operations Facility Renovations"re renovations of Municipal Center Buildings 1, 2 and 11 7. Ordinances to ACCEPT and APPROPRIATE from the Federal Emergency Management Agency (FEMA)to the FY 2020-21 Fire Department Operating Budget: a. $208,246 re reimbursement of cost for the deployment of the Virginia Task Force 2 Urban Search and Rescue Team to assist areas impacted by the Oregon Wildfires and Tropical Cyclones Laura and Marco b. $987,213 re Cooperative Agreement Grant that continues operation of the Virginia Task Force 2 Urban Search and Rescue Team and AUTHORIZE 0.2 FTE c. $13,464 (for the) FY 2018-19 and $83,833 (for the) FY 2017-18 re Cooperative Agreement Grant that continues operation of the Virginia Task Force 2 Urban Search and Rescue Team 8. Ordinance to ACCEPT and APPROPRIATE $24,010 from the Department of Homeland Security to the FY 2020-21 Fire Department Operating Budget re purchase of a tracking system and personal protective equipment 9. Ordinance to APPROPRIATE $1.8-Million from Fund Balance and AUTHORIZE a$1.1- Million Grant to the Virginia Beach Community Development Corporation(VBCDC) and PROVIDE $700,000 to the Virginia Beach Development Authority(VBDA) and REQUEST the City Auditor to include annual audits of the VBCDC in the audit schedule for three(3) fiscal years 10. Ordinances to APPROPRIATE in Coronavirus Relief Funds to the FY 2020-21 Schools Operating Budget: a. $11,677,033 re eligible expenses such as supplemental staffing costs, personal protective equipment, cleaning supplies, and technology to support distance learning b. $1,634,662 re consistent with the intent of the Elementary and Secondary School Emergency Relief Fund and Governor's Emergency Education Relief Fund 11. Ordinance to TRANSFER$246,158 within the FY 2020-21 Fire Department Operating Budget from the 2017 FEMA Cooperative Agreement Grant re purchase equipment for the Virginia Task Force 2 Team / tei NI n y J +rJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 7 of Appendix J, Agricultural Reserve Program, Pertaining to Eligibility Criteria MEETING DATE: November 10, 2020 • Background: In May 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. This amendment would extend the eligibility requirements to include parcels that lack road frontage because it is a flag lot or that portion of the lot being impacted by the floodplain subject to special restrictions. • Considerations: Preservation easements have been unable to be purchased when City Council action has been required for a subdivision variance due to a lack of road frontage because the frontage of the lot is impacted by the floodplain subject to special restrictions (Appendix K) or the lot was created as a flag lot. This amendment would allow these lots to be considered developable for the Agricultural Reserve Program. • Public Information: Normal council agenda process. • Recommendations: Adoption of ordinance • Attachments: Ordinance Requested by Councilmember Henley 1 REQUESTED BY COUNCILMEMBER HENLEY 2 3 AN ORDINANCE TO AMEND SECTION 7 OF 4 APPENDIX J, AGRICULTURAL RESERVE 5 PROGRAM, PERTAINING TO ELIGIBILITY 6 CRITERIA 7 8 Section Amended: § 7 of Appendix J, 9 Agricultural Reserve Program 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 17 That Section 7 of Appendix J, Agricultural Reserve Program is hereby amended 18 and reordained to read as follows: 19 20 Sec. 7. — Eligibility criteria. 21 22 Preservation easements may be purchased only upon property meeting all of the 23 following criteria: 24 25 (a) The property shall be no less than ten (10) acres in area, or be included in a 26 batch in which the combined area of contiguous property is no less than ten 27 (10) acres in area; 28 29 (b) The property shall be wholly located within a residential zoning district, an AG-1 30 or AG-1 Agricultural District or a P-1 Preservation District, or any combination of 31 such zoning districts; and 32 33 (c) The property shall be capable of being subdivided or developed for 34 nonagricultural uses without the approval of the city council. Except when the 35 action needed from City Council is a subdivision variance, required for the lack 36 of frontage because the frontage of the lot is impacted by the floodplain subject 37 to special restrictions (Appendix K) or the lot was created as a flag lot. Such 38 lots shall be considered developable for this section. 39 40 . . . . Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. (4401: y, r Agriculture Department City Attorney's 0 ce CA14601/R-7/October 29, 2020 u� fJ °\ f CITY OF VIRGINIA BEACH AGENDA ITEM i ITEM: A Resolution Adopting a Policy for Public Outreach and Engagement for Development Applications that Require City Council Approval MEETING DATE: November 10, 2020 • Background: The consideration of planning and zoning applications is a core function of municipal government. Ensuring transparency and public outreach are critical elements in the process and result in better applications and better projects. The goal of this policy is to ensure residents affected by development projects that require City Council approval have ample opportunity to learn about and provide input regarding the project. If a discretionary application meets the application type listed in the policy, the applicant is encouraged to undertake organized public outreach efforts prior to consideration of the application by City Council. The policy encourages the utilization of a variety of outreach measures to ensure residents have more than one avenue for engagement. • Considerations: This is a pilot policy to gauge the effectiveness of varying public engagement outreach measures that facilitate engagement between an applicant and surrounding property owners. This policy may be re-evaluated in the future for effectiveness of public engagement. • Public Information: Normal council agenda process. • Recommendations: Adoption of City Council Policy. • Attachments: Resolution and City Council Policy. Requested by Councilmember Henley REQUESTED BY COUNCILMEMBER HENLEY 1 A RESOLUTION ADOPTING A POLICY FOR PUBLIC 2 OUTREACH AND ENGAGEMENT FOR DEVELOPMENT 3 APPLICATIONS THAT REQUIRE CITY COUNCIL 4 APPROVAL 5 6 WHEREAS, the City Council of the City of Virginia Beach recognizes residents 7 may be affected by development projects that require City Council approval; 8 9 WHEREAS, the City Council of the City of Virginia Beach seeks to ensure those 10 residents who are affected by development projects that require City Council approval 11 have ample opportunity to learn about and provide input regarding the project to the 12 developer. 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA, THAT: 16 17 The City Council hereby adopts the attached policy regarding outreach and 18 engagement measures for discretionary development applications. 19 Adopted by the City Council of the City of Virginia Beach, Virginia on the day of , 2020. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15240 R-4 November 2, 2020 e t11A-BE'4C, }C4 " s .�' u . -li. .) ocswe + s /,ie'rCity Council Policy Title: Public Outreach and Engagement for Development Applications that Require City Council Approval Date of Adoption: Dates of Revisions: Page l of 4 1.0 Purpose and Need To ensure successful, useful and meaningful engagement between applicants of the discretionary review process and surrounding residents and property owners whereby opportunities for citizen involvement and understanding are enhanced. 2.0 Proposal If a discretionary application is submitted that is identified in Section 3.0 below,organized public outreach and information is encouraged to be provided by the applicant to inform the public, including residents and nearby property owners, of the application and potential impacts on adjacent properties. Along with existing requirements, the submittal of an application to the Planning Department should also include: • a description of the communication strategy indicating what surrounding property owners/residents can expect before construction commences,during construction,and after construction is complete; • a description of construction practices necessary (drive piles, place fill, etc.) to accomplish the proposal; • information on the location of employee/construction worker parking plan; • a description of the location of construction trailers,storage of construction equipment,staging areas, and construction accessways and entrances; • a discussion of any existing plant material to be protected as well as planned buffers and plantings; • a description of benefits to the surrounding properties because of the application (improved stormwater, traffic safety improvements, etc.)above and beyond what could be constructed on the site as a matter of right without City Council consideration. The applicant should also use a variety of outreach measures to relay this information and other details of the development to surrounding residents and property owners as noted below. • Use at least two Level I and two Level II outreach measures as listed below or as approved by the Planning Director or his designee. • Document the implementation of the outreach and engagement tactics. • Record(written, audio and/or video)all comments provided to the applicant as part of the outreach process. • Provide a method of digital means for citizens to provide comments as well as phone number or mailing address to provide comments directly to the applicant. The applicant may propose using other measures to satisfy the requirement. Any deviations from the prescribed list should receive approval from the Planning Director or his designee in advance of implementation. The applicant is encouraged to address and/or respond to input received. An application will be considered for a deferral by City Council if the applicant has not reported and submitted the documented results of the public outreach to Planning Department staff. Level I Outreach Measures • Host an in-person meeting where the public is invited to learn and ask questions regarding the proposal at least 4 weeks prior to the Planning Commission public hearing and be held in the Council district where property is located. Comments should be recorded by the applicant and provided to staff for inclusion in any reports to the Planning Commission.The property owners within a 0.25 mile radius should receive an invitation by mail via the United States Postal Service.The mailing list will be provided by the Planning Department. • At time of application submittal to the Planning Department, directly mail, using the United States Postal Service,all property owners within 0.25 mile radius of the property.Mailing should provide the applicant's contact information as well as method(s)to provide comments and input on the project. The mailing list will be provided by the Planning Department. • Host an in-person meeting following the Planning Commission meeting in the Council district where property is located where the public is invited to learn and ask questions regarding the proposal at least 2 weeks prior to the City Council public hearing.Comments should be recorded by the applicant and provided to staff for inclusion in any reports to City Council.The property owners within a 0.25 mile radius of the property should receive an invitation by mail via the United States Postal Service. Mailing list will be provided by the Planning Department. • Present details of the application to an appropriate City Council-appointed committee or commission prior to the Planning Commission public hearing. • Attend an in-person meeting or virtual meeting with the organized civic organization in the area of the application a minimum of 4 weeks prior to the public hearing.The location of the meeting should be within the Council district where the proposal is located.The applicant should provide details of the development as well as provide methods to which the public can obtain additional information as well as ways to provide public input. Level II Outreach Measures • Create a Facebook page regarding the application with appropriate level of detail for the public. Facebook page is to be kept current with project and meeting information, and applicant should respond to comments and questions. Page to be created within one of week of application submittal to the Planning Department. • Create a webpage regarding the application with appropriate level of detail for the public.Webpage is to be kept current with project and meeting information and applicant should respond to comments and questions.The webpage should provide an email or comment area that allows for the public to provide comments. Page to be created within one of week of application submittal to the Planning Department. • Host a live video conferencing meeting that is verifiably advertised and promoted to potentially interested parties. Civic organization and homeowners' association leaders in the area should be provided meeting information at least 2 weeks in advance of virtual meeting to ensure adequate notification. Virtual meeting should occur at least 4 weeks prior to the Planning Commission public hearing. An opportunity for the public to ask questions and for the applicant to respond should be a component of the meeting. • Create and post a video on webpage or Facebook page describing details of application at least 4 weeks in advance of the Planning Commission public hearing. Video should include methods for providing input either digitally or in writing. • Create and post a survey on Facebook and/or webpage to receive public comment on application. The survey should be shared with the public either via a direct mailing using the United States Postal Service,email list services,organized civic organizations,or through online neighborhood methods similar to NextDoor.Survey should be activated at least 4 weeks prior to the Planning Commission public hearing. Results of survey should be posted on Facebook or webpage and provided to the Planning Department prior to the Planning Commission public hearing. • Conduct a focus group with at least 10 property owners who own property within 0.50 miles of the site. Focus group should occur at least 4 weeks prior to the Planning Commission public hearing. Results of focus group should be posted on Facebook or webpage and provided to the Planning Department prior to the Planning Commission public hearing. Identifying and contacting property owners will be coordinated by the Planning Department's Development Liaison. • Attach a QR Code and website URL within a direct mailing via the United States Postal Service to property owners within 0.25 miles of the site. Mailing should occur at least 4 weeks prior to the Planning Commission public hearing.The QR Code and website should provide links to information about the details of the project. 3.0 Procedures to Accomplish Policy Planning Department staff shall provide the policy to applicants and include the documentation of the activities required within the staff report presented to both the Planning Commission and City Council for the following applications. • Rezonings of properties exceeding 3 acres • Conditional Rezonings • Uses subject to approval of a Conditional Use Permit and under the specific conditions Airports, Heliports, & Helistops Assembly Uses occupying over 6,000 square feet of floor area Auto Repair Garages occupying over 6,000 square feet of floor area Automobile Service Stations Bars & Nightclubs Borrow Pits Car Wash Facilities occupying over 6,000 square feet of floor area Craft Breweries, Craft Distilleries, & Craft Wineries Colleges & Universities Collection Depots for Recyclable Materials Drive-In Theatres Drugstores with Drive-Through Facilities in the B-4K District Environmental Education Centers occupying over 6,000 square feet of floor area Fiber-optics Transmission Facilities Fraternity &Sorority Houses, Student Dormitories, &Student Centers Golf Courses, private Hospitals &Sanitariums Housing for Seniors & Disabled Persons for more than 25 beds Marinas, commercial Mini-warehouses Mobile Home Parks Motor Vehicle Sales & Rentals for more than 10 vehicles Multi-Family Dwellings for more than 4 units Mulch Processing Facilities occupying over 10,000 square feet of area Open-Air Markets greater than 1 acre Parking Structures & Parking Garages Private Sewage Treatment Facilities Recreational &Amusement Facilities of an Outdoor Nature exceeding 5 acres Recreational Campgrounds Religious Uses on properties exceeding 5 acres Recreational Resort Community Satellite Wagering Facilities Schools, private Single Room Occupancy Facility for more than 10 units Storage or Processing of Salvage, Scrap, or Junk Truck&Trailer Rentals for more than 10 vehicles or trailers Wildlife Rehabilitation Centers 4.0 Responsibility and Authority Virginia Code Section 15.2-2205. ( ,,..^,, ^ il CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 2-75 of the City Code Pertaining to Nonmerit and Merit Service Employees MEETING DATE: November 10, 2020 • Background: The City provides funding for fulltime employees (FTEs) who serve as Virginia Beach Circuit Court law clerks. These positions have City job descriptions, are hired with assistance from the City's Human Resources Department, and are paid through the City payroll. Virginia Beach City Code Section 2-75 sets forth that judges and associate judges of the circuit courts, general district courts and juvenile and domestic relations district courts, and employees of such courts are non-merit employees. Because law clerks technically are City employees, it is not clear that they fall within this category of non-merit employees. It appears the intent was for law clerks, like City attorneys, to be non-merit employees, but because the City provides the FTEs, the current language of the City Code does not clearly reflect this intent. This revision will provide clarification that law clerks are non-merit employees. • Considerations: The requested change will clarify the intent that law clerks are non-merit employees. This change will apply to all new hires and will not be retroactive. The Chief Judge of the Virginia Beach Circuit Court has requested and supports this change to clarify the status of the judges' law clerks. • Recommendation: Approval of ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Human Resources City Manager 1 AN ORDINANCE TO AMEND SECTION 2-75 2 OF THE CITY CODE PERTAINING TO 3 NONMERIT AND MERIT SERVICE 4 5 SECTION AMENDED: § 2-75 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section 2-75 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 2-75. - Service divided into nonmerit and merit services; composition of 14 nonmerit service. 15 16 (a) The service of the city is divided into nonmerit service and merit service. 17 (b) The nonmerit service shall consist of: 18 (1) Members of the city council and all other elected officials or persons appointed 19 to fill vacancies in elective offices. 20 (2) The city manager, deputy city managers, assistants to the city manager and all 21 heads of departments or offices who are appointed by the city manager. 22 (3) Constitutional officers and their employees. 23 (4) All appointees of the city council. 24 (5) Employees of the health department. 25 (6) Employees of the school board. 26 (7) Judges and associate judges of the circuit courts, general district courts and 27 juvenile and domestic relations district courts, law clerks, and employees of such 28 courts. 29 (8) Employees of the agriculture department compensated by the state. 30 (9) The general registrar and all assistant registrars. 31 (10) Employees of juvenile probation. 32 (11) Members of boards and commissions. 33 (12) Any individual whose relationship with the city arises from or under any express 34 contractual agreement to which such individual is a party or whose position is 35 created by such contract. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Ai/Lit . .)- V Human Resources City Attorney's Office CA15179 R-1 September 30, 2020 *ANy ,v.. - ,/�r J CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Amend Section 2-411 of the City Code Pertaining to Emergency Management MEETING DATE: November 10, 2020 • Background: The City code provides for an emergency management office, with the City Manager appointed as director. A coordinator for the office is appointed by the director, with consent of the City Council, in accordance with state law. The Deputy City Manager for Public Safety has heretofore served as the coordinator. However, upon the retirement of the current Public Safety Coordinator, the City Manager does not plan to fill the Deputy City Manager for Public Safety, at least not in the near term. Instead, a lead for emergency management is being recruited, and it is anticipated that this new employee will report to the City Manager. As the current Deputy City Manager for Public Safety is retiring effective December 31, 2020, the amendment to City Code Section 2- 411 shall be effective as of December 31, 2020. Prior to that date the City Manager will seek consent of to City Council to name a new coordinator for emergency management. • Considerations: The City Manager is not immediately filling the Deputy City Manager for Public Safety position. A new lead of emergency management will be hired and report directly to the City Manager. It is anticipated that this new lead of emergency management will, with City Council consent, be named the new coordinator for emergency management. • Recommendation: Approval of ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Human Resources City Manager: 1 AN ORDINANCE TO AMEND SECTION 2-411 2 OF THE CITY CODE PERTAINING TO 3 CREATED; DIRECTOR; COORDINATOR 4 5 SECTION AMENDED: § 2-411 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section 2-411 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 2-411. - Created; director; coordinator. 14 15 In accordance with section 44-146.19 of the Code of Virginia, an office of emergency 16 management is hereby created for and within the city. The city manager is hereby 17 appointed as director of emergency management. A coordinator shall be appointed by 18 the director, with the consent of council. 19bemcrgcncy-management. 20 The effective date shall be December 31, 2020. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: it,L• Human Resources City Attorney's Office CA15246 R-1 October 20, 2020 f 1 ( }fir- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 17-3 of the City Code to Increase the Number of Members to the Public Library Board MEETING DATE: November 10, 2020 • Background: The City has had a public library board since its incorporation in 1965. The Board includes up to 13 members, including two high school students and an employee of Virginia Beach City Public Schools. The Board makes recommendations to the Director of Libraries and also to the City Council regarding library planning, policy and management. ■ Considerations: The City Code section regarding the number of board members currently identifies a minimum of seven (7) members and a maximum of thirteen (13) members. During their October meeting, the Board unanimously approved a motion to request that the City Council increase the Board's membership to a minimum of nine (9) members and a maximum of fifteen (15) members. This change would enhance the Board's ability to recruit subject matter experts to support the Board's advisory responsibilities to City Council and improve the Board's succession planning efforts for officer roles and critical subcommittee work. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt the ordinance. • Attachment: Ordinance. Recommended Action: Approval Submitting Department/Agency: Public Libraries City Manager:pp> . 1 AN ORDINANCE TO AMEND SECTION 17-3 2 OF THE CITY CODE TO INCREASE THE 3 NUMBER OF MEMBERS OF THE PUBLIC 4 LIBRARY BOARD 5 6 SECTION AMENDED: § 17-3 7 8 WHEREAS, the Public Library Board has requested certain changes to City Code 9 § 17-3 in order to increase membership of the City's Public Library Board from a minimum 10 of seven (7) members and a maximum of thirteen (13) to a minimum of nine (9) members 11 and a maximum of fifteen (15); 12 13 WHEREAS, the increase in membership for the Public Library Board would 14 enhance the Board's ability to recruit subject matter experts to support the Board's 15 advisory responsibilities to City Council; 16 17 WHEREAS, an increase in membership for the Public Library Board would improve 18 the Board's succession planning efforts for officer roles and critical subcommittee work; 19 and 20 21 WHEREAS, the Public Library Board unanimously approved a motion to request 22 that the City Council increase membership for the Public Library Board; 23 24 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 27 That Section 17-3 of the Code of the City of Virginia Beach, Virginia, is hereby 28 amended and ordained to read as follows: 29 30 Sec. 17-3. - Public library board. 31 32 (a) There is hereby created a public library board, which shall consist of not less than 33 ccvcn (7) nine (9) nor more than thirteen (13) fifteen (15) members. The members of 34 the board shall be appointed by the city council for terms of four (4) years. Two (2) 35 members shall be high school students (a junior and a senior), whose terms shall 36 expire upon their graduation from high school, and one (1) member shall be an 37 employee of the Virginia Beach City Public Schools. The board shall select from its 38 membership a chair and vice-chair. 39 (b) The public library board shall meet not less frequently than once every quarter(three 40 (3) months) and additionally, at the call of the chair or the director of public libraries. 41 The board shall be responsible for making recommendations to the council on all 42 phases of library planning, policy and management. 43 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 44 day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Eva oole Roderick R. Ingram Public Libraries City Attorney's Office CA15259 R-1 October 30, 2020 OF Baki, (utS CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: Twelfth Supplemental Resolution Supplementing and Amending Resolution Adopted February 11, 1992, Entitled "Master Water And Sewer Revenue Bond Resolution Providing for the Issuance From Time to Time of One or More Series of Water and Sewer System Revenue Bonds of the City of Virginia Beach," as Previously Supplemented and Amended, to Provide for the Issuance and Sale of Up to $101,000,000 in Aggregate Principal Amount of its Water and Sewer System Revenue and Refunding Bonds, Series of 2020, and Providing for the Form, Details and Payment Thereof and the Financing of the Cost of Improvements to the City's Water and Sanitary Sewer Facilities MEETING DATE: November 10, 2020 • Background: The City Council approved a Water and Sewer System issuance and sale at its meeting on September 15, 2020. That approval included an amendment to the City's Water and Sewer Master Bond Resolution by reference. The approval by reference approach was modeled upon the approval methodology for the City's recent issuance and sale of Storm Water Utility Bonds. After approval, the City became aware that the structure of the Water and Sewer Master Bond Resolution requires amendment by formal action of the City Council. Accordingly, the attached resolution confirms the previous approval of the amendment to the Water and Sewer Master Bond Resolution. • Considerations: The enclosed resolution is typical for a Water and Sewer bond transaction, as are the actions contemplated therein for the issuance and sale of the 2020 Series of Water and Sewer bonds. • Public Information: Public information will be handled through the normal Council agenda process. • Recommendations: Adopt the attached resolution. • Attachments: Twelfth Supplemental Resolution Recommended Action: Approval Submitting Department/Agency: Department of Finance City Manager: TWELFTH SUPPLEMENTAL RESOLUTION SUPPLEMENTING AND AMENDING RESOLUTION ADOPTED FEBRUARY 11, 1992, ENTITLED "MASTER WATER AND SEWER REVENUE BOND RESOLUTION PROVIDING FOR THE ISSUANCE FROM TIME TO TIME OF ONE OR MORE SERIES OF WATER AND SEWER SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA BEACH," AS PREVIOUSLY SUPPLEMENTED AND AMENDED, TO PROVIDE FOR THE ISSUANCE AND SALE OF UP TO $101,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF ITS WATER AND SEWER SYSTEM REVENUE AND REFUNDING BONDS, SERIES OF 2020, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF AND THE FINANCING OF THE COST OF IMPROVEMENTS TO THE CITY'S WATER AND SANITARY SEWER FACILITIES WHEREAS, the Council (the "Council") of the City of Virginia Beach, Virginia (the "City"), adopted a resolution on February 11, 1992 (the "Master Resolution"), providing for the issuance from time to time of water and sewer revenue bonds to finance the cost of improvements and extensions to its water and sanitary sewer system; and WHEREAS, the Council has been advised that it would be advantageous for the City to issue its (a) Water and Sewer System Revenue Bonds, Series of 2020A, in a maximum principal amount of$45,600,000 (the "Series 2020A Bonds"), to finance the costs of the 2020 Project (as hereinafter defined) and to pay costs of issuance and fund debt service reserves, and (b) Water and Sewer System Refunding Revenue Bonds, Series of 2020B, in a maximum principal amount of$51,110,000 (the "Series 2020B Bonds" and, collectively with the Series 2020A Bonds, the "Series 2020 Bonds"), to obtain debt service savings by refunding the City's Water and Sewer System Revenue Bonds, Series of 2010A-2 (Taxable), Water and Sewer System Refunding Revenue Bonds, Series of 2010B (Tax-Exempt), and Water and Sewer System Refunding Revenue Bonds, Series of 2010C (Tax-Exempt) (collectively, the "Refunded Bonds"); WHEREAS, the Council has previously adopted ordinances authorizing the City's issuance of water and sewer system revenue bonds in principal amounts sufficient to permit the issuance of the new Series 2020A Bonds; WHEREAS, based upon the premises described above, the Council has determined that it is desirable and in the best interests of the City to undertake the issuance of the Series 2020 Bonds for the purposes set forth above; and WHEREAS, the City is not in default under the Master Resolution or in payment of the principal of or interest on the Outstanding Bonds (as defined in the Master Resolution). NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: ARTICLE I TWELFTH SUPPLEMENTAL RESOLUTION Section 12.101 Twelfth Supplemental Resolution. This Twelfth Supplemental Resolution is adopted pursuant to and in accordance with Section 1101(g) of the Master Resolution. All covenants, conditions and agreements of the Master Resolution shall apply with equal force and effect to each series of the Series 2020 Bonds and to the holders thereof, except as otherwise provided herein. Section 12.102 Meaning of Terms; Definitions. All capitalized terms used herein and not defined either in this Section or elsewhere in this Twelfth Supplemental Resolution (including the recitals hereto), shall have the meanings ascribed to such terms in the Master Resolution. The following terms shall have the following meanings in this Twelfth Supplemental Resolution. "2020 Project" shall have the meaning set forth in Article II. "DTC" shall mean The Depository Trust Company, New York, New York, a securities depository, as holder of the Series 2020 Bonds, or its successors or assigns in such capacity. "Rebate Amount" shall mean the excess of (a) the future value of all nonpurpose receipts with respect to the Series 2020 Bonds over (b) the future value of all nonpurpose payments with respect to the Series 2020 Bonds, in each case calculated under Section 12.503 pursuant to the requirements of Section 148 of the Code, or such other amount of arbitrage required to be rebated to the United States of America under Section 148 of the Code. "Rebate Amount Certificate" shall have the meaning set forth in Section 12.503. "Refunded Bonds" shall mean, collectively, the City's Water and Sewer System Revenue Bonds, Series of 2010A-2 (Taxable), Water and Sewer System Refunding Revenue Bonds, Series of 2010B (Tax-Exempt), and Water and Sewer System Refunding Revenue Bonds, Series of 2010C (Tax-Exempt). "Registrar" shall mean The Bank of New York Mellon Trust Company, N.A., as paying agent and bond registrar for the Series 2020 Bonds. "Series 2020 Bonds" shall mean, collectively, the Series 2020A Bonds and the Series 2020B Bonds. "Series 2020A Bonds" shall mean the City's Water and Sewer System Revenue Bonds, Series of 2020A, in the amounts to be issued in accordance with the provisions of Article III. "Series 2020B Bonds" shall mean the City's Water and Sewer System Refunding Revenue Bonds, Series of 2020B, in the amounts to be issued in accordance with the provisions of Article III. 2 "Twelfth Supplemental Resolution" shall mean this Twelfth Supplemental Resolution, which supplements the Master Resolution. Section 12.103 Reference to Articles and Sections Unless otherwise indicated, all references herein to particular articles or sections are references to articles or sections of this Twelfth Supplemental Resolution. ARTICLE II 2020 PROJECT Section 12.201 Authorization of 2020 Project. The Council has authorized certain acquisitions, improvements, extensions, additions and replacements to the System (as defined in the Master Resolution) as part of the approved capital improvement program of the City, and further authorizes the 2020 Project, which shall include the payment of the Costs of any such projects, or reimbursements of the same for which the Council has adopted official intent resolutions, together with costs of issuance and the funding of debt service reserves (collectively, the "2020 Project"). ARTICLE III ISSUANCE AND SALE OF SERIES 2020 BONDS Section 12.301 Issuance and Sale of Series 2020 Bonds. The City hereby provides for the issuance of water and sewer system revenue bonds in a principal amount up to $101,000,000, the bonds specifically being sold in the aggregate principal amount of $96,710,000 and consisting of the City's (a) Water and Sewer System Revenue Bonds, Series of 2020A (the "Series 2020A Bonds"), in the principal amount of$45,600,000, the proceeds of which shall be used to pay the Cost of the 2020 Project; and (b) Water and Sewer System Refunding Revenue Bonds, Series of 2020B (the "Series 2020B Bonds"), in the principal amount of $51,110,000 (the "Series 2020B Bonds"), the proceeds of which shall be used to refund the Refunded Bonds. All such Series 2020 Bonds shall constitute Bonds, as defined in the Master Resolution. Section 12.302 Details of Series 2020 Bonds. (a) Subject to the provisions of paragraph (e) below, the Series 2020A Bonds shall be designated as the "Water and Sewer System Revenue Bonds, Series of 2020A," shall be numbered RA-1 upward, shall be dated, shall be in an aggregate principal amount not to exceed $45,600,000, shall bear interest at rates, payable semiannually on such dates and shall mature in installments on such dates and in years and amounts, all as determined by the City Manager to be in the best interest of the City. (b) Subject to the provisions of paragraph (e) below, the Series 2020B Bonds shall be designated as the "Water and Sewer System Refunding Revenue Bonds, Series of 2020B," shall 3 be numbered RB-1 upward, shall be dated, shall be in an aggregate principal amount not to exceed $51,110,000, shall bear interest at rates, payable semiannually on such dates and shall mature in installments on such dates and in years and amounts, all as determined by the City Manager to be in the best interest of the City (c) Principal of the Series 2020 Bonds and the premium, if any, thereon shall be payable to the holders upon the surrender of such Bonds at the principal corporate trust office of the Registrar. Interest on the Series 2020 Bonds shall be payable by check or draft mailed to the holders as of the 15th day of the month prior to each interest payment date, at their addresses as they appear on the registration books kept by the Registrar. (d) Except as otherwise provided herein, the Series 2020 Bonds shall be payable, executed, authenticated, registrable, exchangeable and secured, all as set forth in the Master Resolution. (e) The Series 2020 Bonds shall be sold by competitive bid, and the City Manager shall receive bids for the Series 2020 Bonds and award each series of the Series 2020 Bonds to the bidder providing the lowest "true" or "Canadian" interest cost for such series, subject to the following limitations. Each series of the Series 2020 Bonds shall, and it is confirmed that they will, (a)have a per annum true interest cost not exceeding 3.50% (taking into account any original issue discount or premium), calculated independently for each series, (b)be sold at a net price of not less than 100% of the aggregate principal amount thereof, and (c) mature no later than October 1, 2045. Section 12.303 Book Entry System. Initially, one Series 2020 Bond certificate for each maturity will be issued to DTC, which is designated as the securities depository for the Series 2020 Bonds, or its nominee, and immobilized in its custody. Beneficial owners of the Series 2020 Bonds will not receive physical delivery of the Series 2020 Bonds. So long as DTC is acting as securities depository for the Series 2020 Bonds, a book entry system shall be employed, evidencing ownership of the Series 2020 Bonds in principal amounts of $5,000 or multiples thereof, with transfers of beneficial ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants. Interest on the Series 2020 Bonds shall be payable in clearinghouse funds to DTC or its nominee as registered owner of the Series 2020 Bonds. Principal, premium, if any, and interest shall be payable in lawful money of the United States of America by the Registrar. Transfer of principal and interest payments to participants of DTC shall be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The City and the Registrar shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. In the event that (a) DTC determines not to continue to act as securities depository for the Series 2020 Bonds by giving notice to the City and the Registrar discharging its responsibilities 4 hereunder, (b) the Registrar or the City determines that DTC is incapable of discharging its duties or that continuation with DTC as securities depository is not in the best interest of the City, or (c) the Registrar or the City determines that continuation of the book entry system of evidencing ownership and transfer of ownership of the Series of 2020 Bonds is not in the best interest of the City or the beneficial owners of the Series 2020 Bonds, the Registrar and the City shall discontinue the book entry system with DTC. If the Registrar or the City fails to identify another qualified securities depository to replace DTC, the Registrar shall authenticate and deliver replacement bonds in the form of fully registered certificates to the beneficial owners or to the DTC participants on behalf of beneficial owners, substantially in the form as set forth in Appendix A or Appendix B, as applicable, with such variations, omissions or insertions as are necessary or desirable in the delivery of replacement certificates in printed form. The Series 2020 Bonds would then be registrable and exchangeable as set forth in Section 204 of the Master Resolution. So long as DTC is the securities depository for the Series 2020 Bonds (a) it shall be the registered owner of the Series 2020 Bonds, (b) transfers of ownership and exchanges shall be effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants, and (c) references in this Twelfth Supplemental Resolution to holders of the Series 2020 Bonds shall mean DTC or its nominee and shall not mean the beneficial owners of the Series 2020 Bonds. Section 12.304 Registrar. The selection of The Bank of New York Mellon Trust Company, N.A. as paying agent and bond registrar for the Series 2020 Bonds is approved. Section 12.305 Form of Series 2020 Bonds. (a) The Series 2020A Bonds shall be in substantially the form set forth in Appendix A with such variations, omissions and insertions as may be necessary to set forth the details thereof pursuant to Article II of the Master Resolution and Article III hereof. (b) The Series 2020B Bonds shall be in substantially the form set forth in Appendix B with such variations, omissions and insertions as may be necessary to set forth the details thereof pursuant to Article II of the Master Resolution and Article III hereof Section 12.306 Security for Series 2020 Bonds. The Series 2020 Bonds shall be issued pursuant to the Master Resolution and this Twelfth Supplemental Resolution and shall be equally and ratably secured under and to the extent provided in the Master Resolution with the Prior Parity Bonds, any Bonds that may be issued under the Master Resolution, any Parity Double Barrel Bonds that may be issued and any Parity Debt Service Components that may be incurred, without preference, priority or distinction of any obligations over any other obligations. Section 12.307 Application of Proceeds. The proceeds of the Series 2020 Bonds shall be applied as follows: 5 (a) The proceeds of the Series 2020A Bonds (after netting any original issue premium or discount and deducting the applicable underwriting discount) shall be applied as follows: (i) If other City funds are not utilized for such purpose, the amount of Series 2020 Bond proceeds necessary, together with amounts on deposit in the Debt Service Reserve Fund, to equal the total Debt Service Reserve Requirement for all Series of Bonds, shall be paid to the Fiscal Agent and deposited into the Debt Service Reserve Fund; and (ii) The balance of the proceeds shall be retained by the City and deposited in a General Account in the Construction Fund to be used to pay the Cost of the 2020 Project and to pay expenses incident to issuing the Series 2020 Bonds. (b) The proceeds of the Series 2020B Bonds (after netting any original issue premium or discount and deducting the applicable underwriting discount) shall be applied to pay the principal of and accrued interest on the Refunded Bonds on their optional redemption date of November 23, 2020, by depositing the same with The Bank of New York Trust Company, N.A., as escrow agent under an Escrow Agreement dated October 22, 2020 between the City and such escrow agent. ARTICLE IV REDEMPTION OF SERIES 2020 BONDS Section 12.401 Optional Redemption Provisions. The Series 2020 Bonds may be subject to redemption prior to maturity at the option of the City on or after dates, if any, determined and agreed upon by the City Manager, in whole or in part at any time at redemption prices equal to no greater than 100% of the principal amount of the Series 2020 Bonds, together with any accrued interest to the redemption date. Section 12.402 [Reserved]. Section 12.403 Selection of Series 2020 Bonds for Redemption. If less than all of the Series 2020 Bonds of a Series are called for redemption, the Series 2020 Bonds of a Series to be redeemed shall be selected in such manner as the City Manager or the chief financial officer of the City may determine to be in the best interest of the City. If less than all of the Series 2020 Bonds of a particular maturity are called for redemption, the Series 2020 Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar at its discretion may determine. The portion of any Series 2020 Bond to be redeemed shall be in the principal amount of $5,000 or some multiple thereof. In selecting Series 2020 Bonds for redemption, each Series 2020 Bond shall be considered as representing that number of Series 2020 Bonds which is 6 obtained by dividing the principal amount of such Series 2020 Bond by $5,000. If a portion of a Series 2020 Bond shall be called for redemption, a new Series 2020 Bond in principal amount equal to the unredeemed portion thereof shall be issued to the registered owner upon the surrender thereof. Section 12.404 Notice of Redemption. (a) The Registrar shall send notice of the call for redemption identifying the Series 2020 Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, (1)by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to the holder of each Series 2020 Bond to be redeemed at his address as it appears on the registration books kept by the Registrar, (2)by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to all organizations registered with the Securities and Exchange Commission as securities depositories, and (3) to the Electronic Municipal Market Access (EMMA) system (established by the Municipal Securities Rulemaking Board) or any other nationally recognized municipal securities information repository designated as such by the Securities and Exchange Commission. (b) In the case of an optional redemption, the notice may state that (1) it is conditioned upon the deposit of moneys, in an amount equal to the amount necessary to effect the redemption, with an escrow agent no later than the redemption date or(2) the City retains the right to rescind such notice on or prior to the scheduled redemption date (in either case, a "Conditional Redemption"), and such notice and optional redemption shall be of no effect if such moneys are not so deposited or if the notice is rescinded as described herein. Any Conditional Redemption may be rescinded at any time prior to the redemption date, and the Registrar shall give prompt notice of such rescission to the affected Series 2020 Bondholders. Any Series 2020 Bonds subject to Conditional Redemption where redemption has been rescinded shall remain Outstanding, and the rescission shall not constitute an Event of Default. Further, in the case of a Conditional Redemption, the failure of the City to make funds available on or before the redemption date shall not constitute an Event of Default, and the Registrar shall give immediate notice to all organizations registered with the Securities and Exchange Commission as securities depositories or the affected Series 2020 Bondholders that the redemption did not occur and that the Series 2020 Bonds called for redemption and not so paid remain outstanding. ARTICLE V FEDERAL TAX PROVISIONS Section 12.501 Limitation of Use of Proceeds. The City covenants with the holders of the Series 2020 Bonds as follows: (a) The City shall not take or omit to take any action or make any investment or use of the proceeds of any Series 2020 Bonds (including failure to spend the same with due diligence) the taking or omission of which would cause the Series 2020 Bonds of any Series to be "arbitrage bonds" within the meaning of Section 148 of the Code, including without limitation participating in any issue of obligations that would cause the Series 2020 Bonds of any Series to 7 be part of an "issue" of obligations that are arbitrage bonds, within the meaning of Treasury Regulations Section 1.148-10 or successor regulation, or otherwise cause interest on the Series 2020 Bonds of any Series to be includable in the gross income of the registered owners under existing law. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States of America any part of the earnings derived from the investment of gross proceeds of the Series 2020 Bonds. (b) The City shall not permit the proceeds of the Series 2020 Bonds or the facilities to be financed with such proceeds to be used in any manner that would result in either (1) 5% or more of such proceeds or the facilities being financed with such proceeds being considered as having been used in any trade or business carried on by any person other than a governmental unit as provided in Section 141(b) of the Code, (2) 5% or more of such proceeds or the facilities being financed with such proceeds being used with respect to any "output facility" (other than a facility for the furnishing of water) within the meaning of Section 141(b)(4) of the Code, or (3) 5% or more of such proceeds being considered as having been used directly or indirectly to make or finance loans to any person other than a governmental unit, as provided in Section 141(c) of the Code. (c) The City shall not take any other action that would adversely affect, and shall take all action within its power necessary to maintain, the exclusion of interest on all Series 2020 Bonds from gross income for federal income taxation purposes; provided, however, that if the City receives an opinion of Bond Counsel that compliance with any such covenant is not required to prevent the interest on the Series 2020 Bonds from being includable in the gross income of the registered owners thereof under existing law, the City need not comply with such restriction. Section 12.502 Rebate Requirement. The City shall determine and pay, from any legally available source, the Rebate Amount, if any, to the United States of America, as and when due, in accordance with the "rebate requirement" described in Section 148(f) of the Code and retain records of all such determinations until six years after payment in full of the Series 2020 Bonds. Section 12.503 Calculation and Payment of Rebate Amount. (a) The City selects October 1 as the end of the bond year with respect to the Series 2020 Bonds pursuant to Treasury Regulation Section 1.148-1. (b) Within 30 days after the initial installment computation date, the last day of the fifth bond year, unless such date is changed by the City prior to the date that any amount with respect to the Series 2020 Bonds is paid or required to be paid to the United States of America as required by Section 148 of the Code, and at least once every five years thereafter, the City shall cause the Rebate Amount to be computed. Prior to any payment of the Rebate Amount to the United States of America as required by Section 148 of the Code, such computation (the "Rebate Amount Certificate") setting forth such Rebate Amount shall be prepared or approved by (1) a person with experience in matters of governmental accounting for Federal income tax purposes or(2) a bona fide arbitrage rebate calculation reporting service. 8 (c) Not later than 60 days after the initial installment computation date, the City shall pay to the United States of America at least 90% of the Rebate Amount as set forth in the Rebate Amount Certificate prepared with respect to such installment computation date. At least once on or before 60 days after the installment computation date that is the fifth anniversary of the initial installment computation date and on or before 60 days every fifth anniversary date thereafter until final payment in full of the Series 2020 Bonds, the City shall pay to the United States of America not less than the amount, if any, by which 90% of the Rebate Amount set forth in the most recent Rebate Amount Certificate exceeds the aggregate of all such payments theretofore made to the United States of America pursuant to this Section. On or before 60 days after final payment in full of the Series 2020 Bonds, the City shall pay to the United States of America the amount, if any, by which 100% of the Rebate Amount set forth in the Rebate Amount Certificate with respect to the date of final payment in full of the Series 2020 Bonds exceeds the aggregate of all payments theretofore made pursuant to this Section. All such payments shall be made by the City from any legally available source. (d) Notwithstanding any provision of this Article to the contrary, no such calculation or payment shall be made if the City receives an opinion of Bond Counsel to the effect that (1) such payment is not required under the Code in order to prevent the Series 2020 Bonds from becoming "arbitrage bonds" within the meaning of Section 148 of the Code or (2) such payment should be calculated and paid on some alternative basis under the Code, and the City complies with such alternative basis. ARTICLE VI AMENDMENTS TO MASTER RESOLUTION Section 12.601 Effective Date of Amendments. Notwithstanding anything herein to the contrary, pursuant to Section 1102 of the Master Resolution, the amendments provided in this Article shall be effective only upon the consent of the holders of a majority in aggregate principal amount of Bonds then Outstanding. The initial holders of the Series 2020 Bonds by their purchase thereof shall be deemed to have consented to the amendments provided in this Article. Section 12.602 Notice of Amendments to Bondholders. The City previously received the consent of the initial holders of its $89,425,000 Water and Sewer System Revenue and Refunding Bonds, Series of 2016, to the amendments provided in this Article (which also appeared in Article VI of the Eleventh Supplemental Resolution dated May 3, 2016). With the issuance of the Series 2020 Bonds and the redemption of the Refunded Bonds, not less than a majority in aggregate principal amount of the Outstanding Bonds shall have consented to the amendments provided in this Article; therefore, the City shall cause the "Notice to Bondholders" attached hereto as Appendix C to be sent by facsimile or electronic transmission, registered or certified mail or overnight express delivery to the holders (the same being DTC or its nominee, as stated in Section 12.303 above, so long as DTC is the securities depository for the Series 2020 Bonds) of any then Outstanding Bonds other than those that have previously provided consent, i.e., the $44,845,000 Water and Sewer System Revenue Bonds, 9 Series of 2013. The City shall also cause such Notice to Bondholders to be filed in electronic format with the Municipal Securities Rulemaking Board for dissemination on its Electronic Municipal Market Access (EMMA) System. Section 12.603 Amendments to Take Effect Upon Bondholder Consent. Section 604 of the Master Resolution is hereby amended and restated in its entirety to read as follows: "Section 604. Revenue Fund. The City shall collect and deposit all Pledged Revenues in the Revenue Account of the Revenue Fund at least weekly. Moneys in the Revenue Fund shall be used only in the manner and priority set forth below. The City shall pay when due Operating Expenses from the Revenue Account in accordance with the Annual Operating Budget. Provided that the City shall retain at all times in the Revenue Account an amount equal to the estimated amount of Operating Expenses for the next succeeding two months as provided in the Annual Operating Budget, the City shall make the following transfers from the Revenue Fund when required, in the following order of priority: (a) to the Fiscal Agent for deposit in the Revenue Bond Fund, amounts sufficient to make the following deposits: (1) first, to the Interest Account in the Revenue Bond Fund, the amount of interest, if any, due on each Series of Bonds; and (2) then, to the Principal Account in the Revenue Bond Fund, the amount of principal, if any, due on each Series of Bonds. (b) to the Fiscal Agent for deposit in the Parity Double Barrel Bond Fund, amounts sufficient to make the following deposits: (1) first, to the Interest Account in the Parity Double Barrel Bond Fund, the amount of interest, if any, due on each issue of Parity Double Barrel Bonds; and (2) then, to the Principal Account in the Parity Double Barrel Bond Fund, the amount of principal, if any, due on each issue of Parity Double Barrel Bonds or Parity Double Barrel Term Bonds. (c) to the Fiscal Agent for deposit in the Parity Debt Service Component Fund, the amount, if any, due on any Parity Debt Service Component; (d) to the Fiscal Agent for deposit in the Debt Service Reserve Fund, the amount, if any, necessary to increase the amount on deposit in the Debt Service Reserve Fund to the Debt Service Reserve Requirement; (e) to the Subordinate Debt Fund the amount, if any, of principal of and interest due on any Subordinate Debt; 10 (f) by July 31 of each Fiscal Year, in accordance with the City's capital improvement program for such Fiscal Year, the annual amount budgeted for deposit into the Renewal and Replacement Account (or such lesser amount if the entire amount is not available in the Revenue Account, in which event the balance shall be transferred from the Residual Account); (g) by July 31 of each Fiscal Year, in accordance with the City's capital improvement program for such Fiscal Year, the annual amount budgeted for deposit into the Capital Improvement Account (or such lesser amount if the entire amount is not available in the Revenue Account, in which event the balance shall be transferred from the Residual Account); and (h) by the August 15 following the end of each Fiscal Year, to the Residual Account any amount remaining in the Revenue Account." ARTICLE VII MISCELLANEOUS Section 12.701 Limitation of Rights. With the exception of the rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Twelfth Supplemental Resolution is intended or shall be construed to give any person other than the parties hereto and the holders of the Series 2020 Bonds any legal or equitable right, remedy or claim under or in respect to this Twelfth Supplemental Resolution or any covenant, condition or agreement herein contained, this Twelfth Supplemental Resolution and all of the covenants, conditions and agreements hereof being intended to be and being for the sole and exclusive benefit of the holders of the Series 2020 Bonds as herein provided. Section 12.702 SNAP Investment. The Council has received and reviewed the Information Statement (the "Information Statement") describing the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") and the Contract Creating the State Non-Arbitrage Program Pool I (the "Contract"). The Council acknowledges the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the Contract. Section 12.703 Severability. If any provision of this Twelfth Supplemental Resolution shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof. Section 12.704 Effective Date. This Twelfth Supplemental Resolution shall take effect immediately. 11 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Finance Department Attorney's Office CA15250 R-1 October 22, 2020 12 APPENDIX A FORM OF SERIES 2020A BONDS Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED REGISTERED RA- $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH Water and Sewer System Revenue Bond, Series of 2020A INTEREST RATE MATURITY DATE DATED DATE CUSIP 0/0 October 1, 20_ October 22, 2020 927749 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia (the "City"), for value received, hereby promises to pay upon surrender hereof at the designated corporate trust office of The Bank of New York Mellon Trust Company, N.A. (the "Registrar"), or its successor, solely from the source and as hereinafter provided, to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay, solely from such source, interest hereon semiannually on each April 1 and October 1, beginning April 1, 2021, at the annual rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Interest is payable (a) from the Dated Date, if this Bond is authenticated prior to April 1, 2021, or (b) otherwise from the April 1 or October 1 that is, or immediately precedes, the date on which this Bond is authenticated (unless payment of interest hereon is in default, in which case this Bond shall bear interest from the date to which interest has been paid). Interest is payable by check or draft mailed to the registered owner hereof at his address as it appears on the 15th day of the month preceding each interest payment A-1 date on registration books kept by the Registrar. Principal, premium, if any, and interest are payable in lawful money of the United States of America. Notwithstanding any other provision hereof, this Bond is subject to a book entry system maintained by The Depository Trust Company ("DTC") and the payment of principal and interest, the providing of notices and other matters will be made as described in the City's Blanket Letter of Representations to DTC. This Bond is one of an issue of$45,600,000 Water and Sewer System Revenue Bonds, Series of 2020A (the "Bonds"), of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity, authorized and issued pursuant to ordinances and resolutions adopted by the City Council including a resolution adopted on February 11, 1992, as previously supplemented and as supplemented and amended by a resolution adopted on September 15, 2020 (collectively, the "Resolution"), and the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991, to provide funds, together with other available funds, to pay the cost of the acquisition and construction of improvements and extensions to the City's water and sanitary sewer system (the "System"), as more fully described in the Resolution. The Bonds and the premium, if any, and the interest thereon are limited obligations of the City and are payable solely from the revenues to be derived from the ownership or operation of the System, as the same may from time to time exist, except to the extent payable from the proceeds of the Bonds, the income, if any, derived from the investment thereof, certain reserves, income from investments pursuant to the Resolution or proceeds of insurance, which revenues and other moneys have been pledged as described in the Resolution to secure payment thereof. The Bonds, the premium, if any, and the interest thereon are payable solely from the revenues pledged thereto in the Resolution, and nothing herein or in the Resolution shall be deemed to create or constitute an indebtedness of or a pledge of the faith and credit of the Commonwealth of Virginia or of any county, city, town or other political subdivision of the Commonwealth, including the City. The Bonds are issued under and are equally and ratably secured on a parity with the unpaid balance of the City's (i) $44,845,000 Water and Sewer System Revenue Bonds, Series of 2013, (ii) $89,425,000 Water and Sewer System Revenue and Refunding Bonds, Series of 2016, and (iii) $51,110,000 Water and Sewer System Refunding Revenue Bonds, Series of 2020B (collectively, the "Parity Bonds"), to the extent set forth in the Resolution. Reference is hereby made to the Resolution and all amendments and supplements thereto for a description of the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of the City, the rights of the holders of the Bonds and the terms upon which the Bonds are issued and secured. Additional bonds ranking equally with the Bonds and the Parity Bonds may be issued on the terms provided in the Resolution. The Bonds maturing on and after October 1, 2031, are subject to redemption beginning October 1, 2030, in whole or in part at any time, at the option of the City, at a redemption price equal to 100% of the principal amount of Bonds to be redeemed plus interest accrued and unpaid to the redemption date. A-2 If less than all the Bonds are called for redemption, the maturities of the Bonds to be redeemed shall be selected in such manner as the City Manager or the chief financial officer of the City may determine to be in the best interest of the City. If less than all of the Bonds of any maturity are called for redemption, the Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of$5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each portion of $5,000 principal amount shall be counted as one bond for this purpose. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon the surrender hereof. The Registrar will cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, (1)by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to the holder of each Bond to be redeemed at his address as it appears on the registration books kept by the Registrar, (2)by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to all organizations registered with the Securities and Exchange Commission as securities depositories, and (3) to the Electronic Municipal Market Access (EMMA) system (established by the Municipal Securities Rulemaking Board) or any other nationally recognized municipal securities information repository designated as such by the Securities and Exchange Commission. Provided funds for their redemption are on deposit at the place of payment on the redemption date, all Bonds or portions thereof so called for redemption shall cease to bear interest on such date, shall no longer be secured as set forth in the Resolution and shall not be deemed to be outstanding under the provisions of the Resolution. The registered owner of this Bond shall have no right to enforce the provisions of the Resolution or to institute action to enforce the covenants therein or to take any action with respect to any Event of Default under the Resolution or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided in the Resolution. Modifications or alterations of the Resolution, or of any supplement thereto, may be made only to the extent and in the circumstances permitted by the Resolution. The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as owner on the 15th day of the month preceding each interest payment date. All acts, conditions and things required to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed. This Bond shall not be valid or be entitled to any security or benefit under the Resolution until the Registrar shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. A-3 IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this Bond to be signed by the manual signature of its Mayor, to be countersigned by the manual signature of its Clerk, its seal to be impressed hereon, and this Bond to be dated the Dated Date. COUNTERSIGNED: (SEAL) Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia A-4 CERTIFICATE OF AUTHENTICATION Date Authenticated: October 22, 2020 This Bond is one of the Bonds described in the within-mentioned Resolution. THE BANK OF NEW YORK MELLON TRUST COMPANY,N.A., Registrar By Authorized Signature A-5 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (please print or typewrite name and address including zip code of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE the within-mentioned Bond and all rights thereunder, hereby irrevocably constituting and appointing Attorney, to transfer said Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed NOTICE: Signature(s) must be guaranteed (Signature of Registered Owner) by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, NOTICE: The signature above must Securities Broker/Dealer, Credit Union correspond with the name of the or Savings Association who is a member registered owner as it appears on the of a medallion program approved by The front of this bond in every particular, Securities Transfer Association, Inc. without alteration or enlargement or any change whatsoever. A-6 APPENDIX B FORM OF SERIES 2020B BONDS Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED REGISTERED RB- $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH Water and Sewer System Revenue Refunding Bond, Series of 2020B INTEREST RATE MATURITY DATE DATED DATE CUSIP % October 1, 20_ October 22,2020 927749 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia (the "City"), for value received, hereby promises to pay upon surrender hereof at the designated corporate trust office of The Bank of New York Mellon Trust Company, N.A. (the "Registrar"), or its successor, solely from the source and as hereinafter provided, to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay, solely from such source, interest hereon semiannually on each April 1 and October 1, beginning April 1, 2021, at the annual rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Interest is payable (a) from the Dated Date, if this Bond is authenticated prior to April 1, 2021, or (b) otherwise from the April 1 or October 1 that is, or immediately precedes, the date on which this Bond is authenticated (unless payment of interest hereon is in default, in which case this Bond shall bear interest from the date to which interest has been paid). Interest is payable by check or draft mailed to the registered owner hereof at his address as it appears on the 15th day of the month preceding each interest payment B-1 date on registration books kept by the Registrar. Principal, premium, if any, and interest are payable in lawful money of the United States of America. Notwithstanding any other provision hereof, this Bond is subject to a book entry system maintained by The Depository Trust Company ("DTC") and the payment of principal and interest, the providing of notices and other matters will be made as described in the City's Blanket Letter of Representations to DTC. This Bond is one of an issue of $51,110,000 Water and Sewer System Refunding Revenue Bonds, Series of 2020B (the "Bonds"), of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity, authorized and issued pursuant to ordinances and resolutions adopted by the City Council including a resolution adopted on February 11, 1992, as previously supplemented and as supplemented and amended by a resolution adopted on September 15, 2020 (collectively, the "Resolution"), and the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991, to provide funds, together with other available funds, to pay the cost of refunding certain prior bonds, as more fully described in the Resolution. The Bonds and the premium, if any, and the interest thereon are limited obligations of the City and are payable solely from the revenues to be derived from the ownership or operation of the System, as the same may from time to time exist, except to the extent payable from the proceeds of the Bonds, the income, if any, derived from the investment thereof, certain reserves, income from investments pursuant to the Resolution or proceeds of insurance, which revenues and other moneys have been pledged as described in the Resolution to secure payment thereof. The Bonds, the premium, if any, and the interest thereon are payable solely from the revenues pledged thereto in the Resolution, and nothing herein or in the Resolution shall be deemed to create or constitute an indebtedness of or a pledge of the faith and credit of the Commonwealth of Virginia or of any county, city, town or other political subdivision of the Commonwealth, including the City. The Bonds are issued under and are equally and ratably secured on a parity with the unpaid balance of the City's (i) $44,845,000 Water and Sewer System Revenue Bonds, Series of 2013, (ii) $89,425,000 Water and Sewer System Revenue and Refunding Bonds, Series of 2016, and (iii) $45,600,000 Water and Sewer System Revenue Bonds, Series of 2020A (collectively, the "Parity Bonds"), to the extent set forth in the Resolution. Reference is hereby made to the Resolution and all amendments and supplements thereto for a description of the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of the City, the rights of the holders of the Bonds and the terms upon which the Bonds are issued and secured. Additional bonds ranking equally with the Bonds and the Parity Bonds may be issued on the terms provided in the Resolution. The Bonds maturing on and after October 1, 2031, are subject to redemption beginning October 1, 2030, in whole or in part at any time, at the option of the City, at a redemption price equal to 100% of the principal amount of Bonds to be redeemed plus interest accrued and unpaid to the redemption date. B-2 If less than all the Bonds are called for redemption, the maturities of the Bonds to be redeemed shall be selected in such manner as the City Manager or the chief financial officer of the City may determine to be in the best interest of the City. If less than all of the Bonds of any maturity are called for redemption, the Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of$5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each portion of $5,000 principal amount shall be counted as one bond for this purpose. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon the surrender hereof. The Registrar will cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, (1)by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to the holder of each Bond to be redeemed at his address as it appears on the registration books kept by the Registrar, (2)by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to all organizations registered with the Securities and Exchange Commission as securities depositories, and (3) to the Electronic Municipal Market Access (EMMA) system (established by the Municipal Securities Rulemaking Board) or any other nationally recognized municipal securities information repository designated as such by the Securities and Exchange Commission. Provided funds for their redemption are on deposit at the place of payment on the redemption date, all Bonds or portions thereof so called for redemption shall cease to bear interest on such date, shall no longer be secured as set forth in the Resolution and shall not be deemed to be outstanding under the provisions of the Resolution. The registered owner of this Bond shall have no right to enforce the provisions of the Resolution or to institute action to enforce the covenants therein or to take any action with respect to any Event of Default under the Resolution or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided in the Resolution. Modifications or alterations of the Resolution, or of any supplement thereto, may be made only to the extent and in the circumstances permitted by the Resolution. The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as owner on the 15th day of the month preceding each interest payment date. All acts, conditions and things required to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed. This Bond shall not be valid or be entitled to any security or benefit under the Resolution until the Registrar shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. B-3 IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this Bond to be signed by the manual signature of its Mayor, to be countersigned by the manual signature of its Clerk, its seal to be impressed hereon, and this Bond to be dated the Dated Date. COUNTERSIGNED: (SEAL) Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia B-4 CERTIFICATE OF AUTHENTICATION Date Authenticated: October 22, 2020 This Bond is one of the Bonds described in the within-mentioned Resolution. THE BANK OF NEW YORK MELLON TRUST COMPANY,N.A., Registrar By Authorized Signature B-5 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (please print or typewrite name and address including zip code of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE • • • • the within-mentioned Bond and all rights thereunder, hereby irrevocably constituting and appointing Attorney, to transfer said Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed NOTICE: Signature(s)must be guaranteed (Signature of Registered Owner) by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, NOTICE: The signature above must Securities Broker/Dealer, Credit Union correspond with the name of the or Savings Association who is a member registered owner as it appears on the of a medallion program approved by The front of this bond in every particular, Securities Transfer Association, Inc. without alteration or enlargement or any change whatsoever. B-6 APPENDIX C NOTICE TO BONDHOLDERS NOTICE OF AMENDMENT TO MASTER RESOLUTION CITY OF VIRGINIA BEACH,VIRGINIA Water and Sewer System Revenue and Refunding Bonds, Series of 2013 [CUSIPS &Maturities] The Bank of New York is Bond Registrar for the above-captioned bonds (the "Bonds"), which were issued under a Master Resolution adopted by the City Council (the "City Council") of the City of Virginia Beach, Virginia (the "City"), on February 11, 1992, as previously supplemented and amended (the "Master Resolution"). The purpose of this Notice is to notify Bondholders that the Master Resolution has been amended. Capitalized terms used and not defined herein shall have the meanings ascribed to them in the Master Resolution. The amendments to the Master Resolution provide that(i) interest and principal payments on each Series of Bonds and Parity Obligations will be transferred from the Revenue Account to the respective Bond Debt Service Account on their due date, rather than transferred to those accounts in fractional amounts on a monthly basis throughout the year, (ii) deposits to the Renewal and Replacement Account will be made by July 31 of each Fiscal Year in the full amount budgeted by the City in accordance with its capital improvement program for such Fiscal Year, rather than a fixed amount of$2,000,000 to be restored in fractional amounts over a twelve month period, (iii) deposits to the Capital Improvement Account will be made by July 31 of each Fiscal Year, rather than on the 25th day of the first full month after the City Council's approval of the capital improvement program, and (iv) deposits to the Residual Account will be made by the August 15 following the end of each Fiscal Year, rather than on the 25th day of the last month of such Fiscal Year. A copy of the Master Resolution and the amendments may be obtained from the Clerk of the City upon written request (addressed to the attention of the Department of Finance, Municipal Center, Virginia Beach, Virginia 23456), together with satisfactory evidence that the requestor is a holder of a Bond. No amendments were made to the terms of the Bonds. CUSIP Numbers are included solely for the convenience of the Bondholders. Neither the City nor The Bank of New York shall be responsible for the selection or use of the CUSIP Numbers, nor is any representation made as to its correctness on any bond or as indicated in any notice. THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Registrar Dated: October 23, 2020 C-1 IOyiA.1 F Cy q CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing and Directing the City Manager to Execute on Behalf of the City of Virginia Beach a Memorandum of Agreement Pertaining to the Hampton Roads Regional Groundwater Mitigation Program MEETING DATE: November 10, 2020 • Background: Virginia Beach, along with other jurisdictions in Hampton Roads, has participated in a regional groundwater mitigation program since 1994. The Hampton Roads Planning District Commission (HRPDC) administers this program, which has two purposes. The first is to facilitate mitigation payments to owners whose wells have been adversely impacted by municipal pumping. Municipal groundwater permits mandate these payments. The second is to equitably distribute these costs to the various jurisdictions that are operating municipal wells simultaneously. • Considerations: The program is administered by the HRPDC Water Resources Department. The HRPDC Water Resources Department has an annual budget of $175,000 that is allocated on a pro-rata basis among the participating localities. There is a base allocation of $3,000 per local government, with the balance of annual costs allocated according to the local share of regional population. Virginia Beach does not own any municipal wells and it would not be assessed any mitigation payments. However, in the unlikely event that Norfolk operates its municipal wells during a drought and Lake Gaston water is not available, Virginia Beach would share any mitigation payments assessed to Norfolk as provided by the water services agreement. The costs associated with the annual allocation for the City according to the local share of regional population are $33,368 for FY 2021-22. • Public Information: Normal City Council agenda process. • Alternatives: The alternative to participating in the regional groundwater mitigation program is to reject the resolution and not participate. The mitigation program would go forward, but without the City's participation. This would be counterproductive as the regional utilities cooperate on a number of water and wastewater issues that benefit the City. • Recommendations: Adopt resolution authorizing the City Manager to execute the participation agreement. • Attachments: Resolution, Summary of Material Terms, Memorandum of Agreement Recommended Action: Approval Submitting De artment/Agency: Public Utilities Department City Manager: 1 A RESOLUTION AUTHORIZING AND DIRECTING THE 2 CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY 3 OF VIRGINIA BEACH A MEMORANDUM OF AGREEMENT 4 PERTAINING TO THE HAMPTON ROADS REGIONAL 5 GROUNDWATER MITIGATION PROGRAM 6 7 WHEREAS, in August 1994, the Hampton Roads Planning District Commission 8 and its fifteen (15) member jurisdictions entered into an agreement establishing the 9 Regional Groundwater Mitigation Program (the "Program"); and 10 11 WHEREAS, the City of Virginia Beach has been a participant in the Program 12 since its inception; and 13 14 WHEREAS, the agreement will soon expire and must be renewed in order for the 15 Program to continue; and 16 17 WHEREAS, the purposes of the Program are to provide a mechanism by which 18 persons whose groundwater wells are adversely affected by drawdowns associated with 19 the operation of a public water supply system may seek mitigation of losses caused by 20 such drawdown and to establish an administrative framework used by local 21 governments in Hampton Roads to obtain technical analysis of requests by private 22 groundwater well owners for mitigation; and 23 24 WHEREAS, since its inception, the Program has been successful in 25 accomplishing its purposes; and 26 27 WHEREAS, it is in the best interests of the City and its groundwater well owners, 28 as well as the other participating localities and their respective groundwater well 29 owners, to continue the City's participation in the Program; 30 31 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 34 That the City Manager is hereby authorized and directed to execute, on behalf of 35 the City, the Regional Ground Water Mitigation Program Administration Memorandum of 36 Agreement, a summary of the material terms of which is hereto attached. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY Public Utilities Depart t jJ) /4) Office J CA15159/R-1/October 23, 202-0 REGIONAL GROUND WATER MITIGATION PROGRAM ADMINISTRATION MEMORANDUM OF AGREEMENT SUMMARY OF MATERIAL TERMS PURPOSE: Renew an agreement that establishes a process by which local governments in Hampton Roads may obtain technical analyses related to requests by private well owners for groundwater mitigation payments in cases of well failures allegedly caused by pumping of groundwater wells by localities Provide a process for handling claims that localities' groundwater withdrawals have caused private well failures PARTIES: Cities: Chesapeake, Franklin, Hampton, Newport News, Norfolk, Poquoson Portsmouth, Suffolk, Virginia Beach, Williamsburg Counties: Gloucester, Isle of Wight, James City, Southampton, Surry, York Other: Hampton Roads Planning District Commission (HRPDC); James City Service Authority TERM: Five (5) years (through December 31, 2025). COSTS: Program costs allocated on a pro-rata basis among the local governments. Base allocation of $3,000 per local government, with balance of annual costs allocated according to the local share of regional population. DUTIES: HRPDC: • Conduct technical analyses of the impacts of groundwater withdrawals upon request of local governments to determine impacts of a ground water withdrawal. • Develop recommendations for allocation of mitigation responsibilities among the local governments. Provide reports documenting the results of technical analyses to all signatory local governments, and to any mitigation panels that are convened. • Provide other technical support to the signatory local governments for other ground water analyses. LOCALITIES: • Serve as point of contact for aggrieved parties. Request mitigation analyses from HRPDC following receipt of a claim, and provide available relevant data to the HRPDC for use in analyses of mitigation claims. • Provide timely technical review of the HRPDC analyses and conclusions. • Establish the appropriate mitigation panels, in accordance with local mitigation plans, to hear appeals of initial mitigation responsibility determinations. REGIONAL GROUNDWATER MITIGATION PROGRAM ADMINISTRATION MEMORANDUM OF AGREEMENT WHEREAS, Section 15.2-1300 of the Code of Virginia enables local governments to enter into cooperative agreements to exercise those powers that each may be enabled to exercise, including conducting technical analyses to support such activities; and WHEREAS, Section 15.2-4200 of the Code of Virginia enables local governments to establish Planning District Commissions; and WHEREAS, the cities and counties that are signatories to this Agreement have acted, in accordance with Section 15.2-4200 of the Code of Virginia to establish the Hampton Roads Planning District Commission; and WHEREAS, several Localities in the Hampton Roads region operate groundwater based water supply systems and WHEREAS, the Hampton Roads Planning District Commission has been requested and has undertaken various studies to support local government water supply development, including groundwater resource management efforts; and WHEREAS, on behalf of the signatory parties,the Hampton Roads Planning District Commission, has contracted with the U.S. Geological Survey to complete various technical analyses of the region's groundwater resources, including the following efforts: • Development of a methodology for allocating responsibilities for groundwater impacts, as documented in Michael J. Focazio and Gary K. Speiran, Estimating Net Drawdown for Episodic Withdrawals at Six Well Fields in the Virginia Coastal Plain Aquifers, U.S. Geological Survey, Water Resources Investigations Report No. 93-4159, 1992; • Refined description of the aquifer system of the Virginia Coastal Plain and a hydrogeologic framework for ground-water investigation, as documented in E. Randolph McFarland and T. Scott Bruce, The Virginia Coastal Plain Hydrogeologic Framework, U.S. Geological Survey, Professional Paper 1731, 2006; and • Development of the Virginia Coastal Plain Groundwater Model to provide a better tool to understand the groundwater resource through simulation of groundwater withdrawals, drought, and saltwater intrusion, as documented in Charles E. Heywood and Jason P. Pope, Simulation of Groundwater Flow in the Coastal Plain Aquifer System of Virginia, U.S. Geological Survey, Scientific Investigations Report 2009-5039, 2009. WHEREAS, the signatory parties have requested the Hampton Roads Planning District Commission to administer a Regional Groundwater Mitigation Program, on their behalf; and 1 WHEREAS, on August 11, 1994, the signatory parties entered into the Groundwater Mitigation Program Administration Agreement; and WHEREAS, on May 31, 2000, July 5, 2006, March 18, 2010, and July 21, 2016, the signatory parties extended the Groundwater Mitigation Program Administration Agreement; and WHEREAS, in accordance with the provisions of the August 11, 1994 Agreement,as extended on May 31, 2000, July 5, 2006, March 18, 2010, and July 21, 2016, the signatory parties have evaluated the Groundwater Mitigation Program and determined that the Program should be continued; NOW THEREFORE, the signatory parties enter into the following Agreement. This Memorandum of Agreement, entered into this XXst day of XXXX, 2020 among and between fifteen local governments in Hampton Roads, the James City Service Authority, and the Hampton Roads Planning District Commission, establishes and extends the Regional Groundwater Mitigation Program. It outlines the roles and responsibilities of each entity in administering and funding the Regional Groundwater Mitigation Program. BASIC PREMISES 1. Some local governments in Hampton Roads operate public water supply wells inside and/or outside of their incorporated boundaries. 2. All local governments in Hampton Roads are interested in ensuring that groundwater drawdown associated with the operation of public water supply wells does not adversely impact the private wells of their citizens. 3. In the case where operation of a public water supply well causes or contributes to groundwater drawdown that renders a well unusable, then mitigation of damages attributable to that drawdown may be sought by the well owner in accordance with local mitigation plans and agreements. 4. This Agreement establishes the administrative framework,which will be used by the signatory parties to obtain technical analysis of requests for mitigation by private well owners or other local governments in Hampton Roads. Financial issues related to these requests are governed by existing interjurisdictional agreements and state-approved Groundwater Mitigation Plans that are separate and distinct from this Agreement. 5. This Agreement will have a term of five years, extending from January 1, 2021 through December 31, 2025. To conform to local government charter and Virginia Code requirements, the funding provisions of this Agreement will be subject to annual renewal. 2 6. Program costs will be allocated on a pro-rata basis among the signatory parties. The annual base buy-in per city or county will be determined each year as part of the HRPDC Directors of Utilities Committee budget planning process. The balance of annual costs will be allocated according to the local share of regional population. The most current estimate of population, developed by the Weldon Cooper Center for Public Service, will be used as the population base for allocating program costs. Local contributions may be escalated annually to reflect program experience and projected HRPDC expenditures. Future private sector and non-Hampton Roads local government participation may provide financial support to the program according to a yet-to-be-determined formula, which will reflect annual program costs. The funding formula will be evaluated on a regular basis by the HRPDC Directors of Utilities Committee and may be adjusted to ensure its continued equitability. HRPDC RESPONSIBILITIES Under the terms of this Agreement, the Hampton Roads Planning District Commission is responsible for the following: 1. Conduct technical analyses of the impacts of groundwater withdrawals. 2. Respond equitably and in a timely fashion to requests from all signatory parties for analyses of the impacts of groundwater withdrawals. The time frame for responses will be based on experience and the complexity of individual cases. 3. Develop a technical guidance document to determine the allocation of impact mitigation responsibilities among the signatory parties. From 1994 to 2015, this determination was based on application of the superpositioning methodology developed by the U.S. Geological Survey for the Hampton Roads Planning District Commission. The methodology is described in Michael J. Focazio and Gary K. Speiran, Estimating Net Drawdown for Episodic Withdrawals at Six Well fields in the Virginia Coastal Plain Aquifers, U.S. Geological Survey, Water Resources Investigation Report No. 93-4159, 1992. Beginning in 2016, the HRPDC staff began to apply an analysis approach using the U.S. Geological Survey Virginia Coastal Plain Groundwater Model. The HRPDC technical guidance document will be updated to address the use of the model and future model updates. 4. Provide report(s) documenting the results of the HRPDC technical analysis(es) to all signatory parties. 3 5. In any case where an aggrieved party appeals a local government mitigation determination, provide the HRPDC analysis to the mitigation panel, established under the local government's mitigation plan. However, the HRPDC will not serve as a member of the mitigation panel. 6. Provide other technical support, as requested, to the signatory parties for other groundwater analyses, including support for development of local groundwater withdrawal permit applications and review of other proposed groundwater withdrawals which may impact on groundwater resources in the Hampton Roads region. 7. On request, provide technical staff support, at cost, to signatory parties for data collection (field work), required by that signatory party's permit or mitigation plan, approved by the Virginia Department of Environmental Quality (State Water Control Board). 8. Take steps, in conjunction with the signatory parties, to involve private sector groundwater users in the Regional Groundwater Mitigation Program. Administrative procedures and financial arrangements for private sector and non-Hampton Roads local government participation will be developed in the future, but will reflect the actual cost of the work. LOCAL GOVERNMENT RESPONSIBILITIES Under the terms of this Agreement, the signatory parties are responsible for the following: 1. Serve as the initial point of contact for aggrieved parties. Request mitigation analysis(es)from HRPDC in a timely fashion following receipt of a claim. 2. Provide any locally-generated/collected data on groundwater conditions and well construction that may be useful to HRPDC technical analysis(es). 3. Provide, in a timely fashion, all technical supporting data required by Mitigation Plans, approved by the Virginia Department of Environmental Quality(State Water Control Board)as elements of Groundwater Withdrawal Permits, to the HRPDC for use in analyses of mitigation claims. 4. Provide timely technical review of the HRPDC analysis(es)and conclusions. 5. Support HRPDC efforts to expand the mitigation program to cover all groundwater uses. 6. Establish the appropriate mitigation panels, in accordance with local mitigation plans, to hear appeals of initial mitigation responsibility determinations. 4 PROCEDURE FOR REQUESTING MITIGATION ANALYSES Under this Memorandum of Agreement, the following process will be followed to request HRPDC technical support to address mitigation claims. 1. Aggrieved party contacts the locality of residence. 2. The local government contacts the HRPDC and requests that an impact analysis be conducted. In addition,any signatory parties may request that an impact analysis be undertaken. 3. The HRPDC conducts the analysis, as requested, and advises all signatory parties of the results of the technical analysis(es). 4. This procedure may be modified from time to time with the concurrence of all signatory parties, as represented by the HRPDC Directors of Utilities Committee, in order to improve the efficiency of the mitigation process. SIGNATORIES This Memorandum of Agreement will be executed by the Chief Administrative Officer of each participating local government or service authority and by the Executive Director of the HRPDC. Individual signatory pages are included for each participating locality. CITY OF CHESAPEAKE CITY OF FRANKLIN CITY OF HAMPTON CITY OF NEWPORT NEWS CITY OF NORFOLK CITY OF POQUOSON CITY OF PORTSMOUTH CITY OF SUFFOLK CITY OF VIRGINIA BEACH CITY OF WILLIAMSBURG COUNTY OF GLOUCESTER COUNTY OF ISLE OF WIGHT COUNTY OF SOUTHAMPTON COUNTY OF YORK JAMES CITY SERVICE AUTHORITY TOWN OF SMITHFIELD HAMPTON ROADS PLANING DISTRICT COMMISSION 5 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and service authority and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF VIRGINIA BEACH By: Date: Date: Attest: APPROVED AS TO CONTENT: f i4sly: Department of Public Uti ' i iNUS‘) ro�'f 4C(4::\ ,: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Release $30,000,000 for Capital Project #100291 "Operations Facility Renovations" for the Renovations of Municipal Center Buildings 1, 2, and 11 MEETING DATE: November 10, 2020 • Background: In the Adopted FY 2020-21 Capital Improvement Program (CIP), the City Council reserved $30 million in funding for the renovations of Buildings 1, 2, and 11 (the "Project"). The Project was listed as #3-174 "Operations Facility Renovations" in the CIP and has been renumbered as Project #100291 . The $30,000,000 appropriation in the CIP was held in abeyance pending future formal action by the City Council. The Project is funded by Public Facility Revenue Bonds, and the hold on the funds was intended to allow the City staff time to evaluate the City's cash flow needs as additional information regarding the impacts of the COVID-19 pandemic are revealed. As discussed in the briefing to the City Council on October 20, 2020, the City staff recommends releasing this reservation of $30 million. The City's cash position is favorable, and the timing of the completion of this project is critical to City operations. Aside from cash flow concerns, the budgetary impact of this action will be felt when the debt service is repaid, which is not anticipated to begin until FY 2023-24. • Considerations: Though the $30 million is fully appropriated, the CIP Appropriation Ordinance required an additional formal action by the City Council. By approving the attached ordinance, the City will be able to continue the design build procurement for the Project. • Public Information: Normal City Council agenda process. • Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Public Works/City Manager City Manager:_ O O '6Z 19(10100 ZSIVO souk) s ago !� saowag 4uawe6eueyy pue}a6 8 :AON310IddflS 1V031 01 SV 03A02IddV :1N31N0O 01 SV 03A02fddV "OZOZ Jo Asp ati4 uo e!u!6J!A `110e08 e!u!fu\10 40 ay;4o!!ounoo aql Aq paidopy Pue Je WOO led!o!unyy }o suo!}enoueu aye twitpaeoord o� s! RBIS AL!O ate pue pl esealei 06 Agway sl 1.0001# pafoid le3!deO u! 6u!Pun4 10 000`000'0E$ uo PIo4 ayl 6 8 :1V1-11 'VINIO iIA L 'H0V38 VINI9thA dO AJ IO 3H1 dO 1IONl0O A110 3H1 A8 03NIVa2I01I 38 9 9 6! aNV'Z '6 soma-Tine 1:131N3O 1VdIOINfiIN dO SNOI1VAON32I 3H12I0d USNOI1VA0N321 JW11OVd SNOI1Vb3d0. 1.6Z00E# 1O3f0Id 1V11dVO 2:10d 000'000'0£$ 3SV313ZI 013ONVNI01:10 NV L i6! rsi i=t e CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Federal Funds for Mobilizations of the Virginia Task Force 2 Urban Search and Rescue Team MEETING DATE: November 10, 2020 • Background: The City is the sponsoring agency for the Virginia Task Force 2 Urban Search and Rescue Team. The Team was activated by the Federal Emergency Management Agency to assist with Tropical Cyclones Marco and Laura response activities, and eleven members responded to these storms. In addition, activation orders were received for Oregon Wildfires, and four members responded to that activation. • Considerations: Upon activation, FEMA provides funding to reimburse sponsoring agencies for equipment, supplies and personnel costs incurred while supporting the event. As the sponsoring agency, the Virginia Beach Fire Department is responsible for the administrative and fiscal management of the team and its assets. Consistent with previous deployments, FEMA authorized the reimbursement of all eligible expenses related to these activation orders. Total reimbursement authorized for responding to Marco and Laura is $134,913. Total reimbursement authorized for responding to the Oregon Wildfires is $67,606. In addition, the department will receive $5,727 in revenue for the cost of preparing these claims. • Public Information: Normal agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FEDERAL FUNDS FOR MOBILIZATIONS OF THE 3 VIRGINIA TASK FORCE 2 URBAN SEARCH AND 4 RESCUE TEAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $208,246 is hereby accepted from the U.S. Department of Homeland Security 10 Federal Emergency Management Agency and appropriated, with federal revenue 11 increased accordingly, to the FY 2020-21 Operating Budget of the Fire Department for 12 the reimbursement of costs related to the deployment of members of the Virginia Task 13 Force 2 Urban Search and Rescue Team for the Oregon Wildfires and Tropical Cyclones 14 Laura and Marco. Adopted by the Council of the City of Virginia Beach, Virginia on the ` _ day of , 2020. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget & Management Services City A s Office CA15248 R-1 October 29, 2020 CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Accept and Appropriate Federal Funds for the Virginia Task Force 2 Urban Search and Rescue Team and to Authorize 0.2 FTE MEETING DATE: November 10, 2020 • Background: The City of Virginia Beach Fire Department is the sponsoring agency for Virginia Task Force 2 (VA-TF2), Urban Search and Rescue Team. The Federal Emergency Management Agency, the emergency preparedness branch of the Department of Homeland Security, provides funding for VA-TF2 through Cooperative Agreement Grants. This funding supports personnel costs, equipment and supplies, facility leasing, training and travel necessary to maintain the Team at an expected level of response capability. FEMA has awarded $1,291,131 to VA-TF2 for support of ongoing expenses for a 36- month period from September 1, 2020 through August 31, 2023. A portion of this amount ($303,918) was included in the adopted FY 2020-21 Operating Budget based upon estimated amounts that would be received in FY 2020-21 . These amounts represent the risk management, personnel, and City garage costs that would be required for the VA- TF2. • Considerations: There is no local match for these federal funds. The grant will continue to partially fund three full-time positions previously approved by City Council in the current FEMA cooperative agreement grant: 0.70 FTE for the Fire Department Battalion Chief who serves as the FEMA Program Manager; 0.80 FTE for an Account Clerk Ill; and 0.50 FTE for an Accountant I. The remainder of the salary costs for these positions is funded through the Fire Department's General Fund budget and were authorized as part of the annual budget process. The grant will also continue to fully fund one 0.60 FTE part-time Training Manager. The adopted Operating Budget also authorized a part-time Logistics Manager within the FEMA grant. However, the Fire Department is no longer in need of the position. A grant- funded contracted staff member will assume these duties. The department's FY20 Grant Proposal included the request for 1 fully funded FTE, an Administrative Support Specialist, which was approved by the grantor. This results in a net increase of 0.2 FTE. FEMA funds will now support a total of 3.6 FTEs and costs associated with a contract staff member. A table summarizing these position changes is included below. Position FY 2020-21 Updated FY 2020 FEMA Change Adopted FTE E Grant FTE Battalion Officer 0.7 0.7 - Accountant I 0.5 0.5 - Public Safety Training 0.6 0.6 - Specialist Account Clerk II 0.8 0.8 - Logistics Manager 0.8 0.0 (0.8) Administrative Services Specialist 0.0 1 .0 1 .0 Total 3.4 3.6 0.2 The grant also provides funding for the continuation of a facility lease and expenses, replacement of equipment and supplies, training, formal exercise and travel expenses. The program has reached a point where this level of funding is critical to its continuity as a viable program. Both personnel and equipment resource demands have far exceeded the capacity of the sponsoring agency to cover support costs. FEMA assistance of this magnitude is necessary to maintain VA-TF2 at required performance levels. • Public Information: Normal agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: Ps:...„'f4Dirtocur..._ 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FEDERAL FUNDS FOR THE VIRGINIA TASK FORCE 3 2 URBAN SEARCH AND RESCUE TEAM AND TO 4 AUTHORIZE 0.2 FTE 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1) $987,213 is hereby accepted from the U.S. Department of Homeland Security 10 Federal Emergency Management Agency and appropriated, with federal 11 revenue increased accordingly, to the FY 2020-21 Operating Budget of the 12 Fire Department for the FY 2019-20 Cooperative Agreement Grant that 13 continues operation of the Virginia Task Force 2 Urban Search and Rescue 14 Team. 15 16 2) 0.2 FTE of grant-funded positions is hereby authorized for the duration of the 17 grant expenditure period and conditioned upon continued grant funding. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2020. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: Budget & Management Services o 's Office CA 15255 R-1 October 29, 2020 Y j CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate Supplemental Federal Funding for the Virginia Task Force 2 Urban Search and Rescue Team MEETING DATE: November 10, 2020 • Background: The City of Virginia Beach Fire Department is the sponsoring agency for Virginia Task Force 2 (VA-TF2), Urban Search and Rescue Team. The Federal Emergency Management Agency, the emergency preparedness branch of the Department of Homeland Security, provides funding for VA-TF2 through Cooperative Agreement Grants. This funding supports personnel costs, equipment and supplies, facility leasing, training and travel necessary to maintain the Team at an expected level of response capability. FEMA has awarded VA-TF2 supplemental funding intended to augment the FY 2018 and FY 2019 Cooperative Agreement Grants. $13,464 in supplemental funding is allocated to the FY 2019 Cooperative Agreement Grant and $83,833 in supplemental funding is allocated to the FY 2018 Cooperative Agreement Grant. This funding will be utilized to purchase equipment deemed necessary by the grantor for optimum team performance. • Considerations: This supplemental funding will assist in VA-TF2 readiness and preparation for future mobilizations. No local match is required. • Public Information: Normal agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 SUPPLEMENTAL FEDERAL FUNDING FOR THE 3 VIRGINIA TASK FORCE 2 URBAN SEARCH AND 4 RESCUE TEAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1) $13,464 of supplemental funding is hereby accepted from U.S. Department of 10 Homeland Security Federal Emergency Management Agency and 11 appropriated, with federal revenue increased accordingly, to the FY 2020-21 12 Operating Budget of the Fire Department for the FY 2018-19 Cooperative 13 Agreement Grant that continues operation of the Virginia Task Force 2 Urban 14 Search and Rescue Team. 15 16 2) $83,833 of supplemental funding is hereby accepted from U.S. Department of 17 Homeland Security Federal Emergency Management Agency and 18 appropriated, with federal revenue increased accordingly, to the FY 2020-21 19 Operating Budget of the Fire Department for the FY 2017-18 Cooperative 20 Agreement Grant that continues operation of the Virginia Task Force 2 Urban 21 Search and Rescue Team. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2020. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget & Management Services i o s Office CA15251 R-1 October 29, 2020 st 407-14, It � CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate Federal Funds to Support the Fire Department's Marine Team MEETING DATE: November 10, 2020 • Background: The City of Virginia Beach was notified that the Port Security Grant from the U.S. Department of Homeland Security was approved in the amount of$24,010. The Marine Team is responsible for assisting with response and recovery duties for maritime emergencies in the Hampton Roads area, and these grant funds will assist in this mission. The proposed use of funding is purchase of an Automatic Identification System (AIS) for two of the department's fireboats. An AIS is a tracking system used by ships and vessels. Public Safety AIS can be turned on or off to be seen only when on a mission. The entire region, including the United States Coast Guard (USCG), uses the AIS model the Fire Department plans to purchase. This system will allow the USCG the ability to send search patterns directly to the AIS of all the boats on a mission. The remainder of the funding will be utilized to purchase personal protective equipment worn by personnel responding to a marine emergency event. • Considerations: The grant performance period is September 2020-August 2023. There is no required local match for these grant funds. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager t 1,1 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FEDERAL FUNDS TO SUPPORT THE FIRE 3 DEPARTMENT'S MARINE TEAM 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $24,010 is hereby accepted from the U.S. Department of Homeland Security and 9 appropriated, with federal revenues increased accordingly, to the FY 2020-21 Operating 10 Budget of the Fire Department for the purchase of a tracking system and personal 11 protective equipment. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2020. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: "�n�` Budget & Management Services City 's Office CA15245 R-1 October 29, 2020 1 ilr'l 4l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $1,800,000 from Fund Balance, to Authorize a Grant of $1,100,000 to the Virginia Beach Community Development Corporation (VBCDC), to Provide $700,000 to the City of Virginia Beach Development Authority, and to Request the City Auditor include Annual Audits of the VBCDC in the Audit Schedule for Three Fiscal Years MEETING DATE: November 10, 2020 • Background: The City received a request for funding from the Virginia Beach Community Development Corporation (VBCDC) to allow the VBCDC to pay the current balance of its line of credit. The City Council liaisons to the VBCDC have formulated a proposal to honor this request, and that proposal was briefed to the City Council on October 27, 2020. The outstanding balance on the line of credit is impeding VBCDC's ability to develop any additional affordable housing in the City. At the October 27th briefing, the City staff was directed to prepare an ordinance for consideration, which is to include a condition that the VBCDC not pursue development outside the City. The proposal for the $1,800,000 is structured as a grant and a loan. A grant of$1,100,000 will be provided by the City to pay a portion of the line of credit. The conditions for the grant are set forth in the attached Exhibit A. An amount of $700,000 will be provided to the City of Virginia Beach Development Authority (VBDA), and the VBDA will provide a loan to the VBCDC. The conditions for the loan are set forth in the attached Exhibit B. • Considerations: This proposal builds upon the audit recommendations provided by the City Auditor in a 2019 Report. Addressing the line of credit is an important step in the path toward VBCDC becoming sustainable and allowing it to focus on its mission. Without this grant and loan, other options will need to be considered, which could involve sale of additional properties as well as refinancing. • Public Information: Normal agenda process. • Attachment: Ordinance; Exhibit A, Summary of Grant Terms; Exhibit B, Summary of Loan Terms; Disclosure Form Recommended Action: Approval Submitting Department/Agency: City Manager/DHNP City Manager: P1:11.11.0.447_ 1 AN ORDINANCE TO APPROPRIATE $1,800,000 2 FROM FUND BALANCE, TO AUTHORIZE A GRANT 3 OF $1,100,000 TO THE VIRGINIA BEACH 4 COMMUNITY DEVELOPMENT CORPORATION 5 (VBCDC), TO PROVIDE $700,000 TO THE CITY OF 6 VIRGINIA BEACH DEVELOPMENT AUTHORITY, AND 7 TO REQUEST THE CITY AUDITOR INCLUDE 8 ANNUAL AUDITS OF THE VBCDC IN THE AUDIT 9 SCHEDULE FOR THREE FISCAL YEARS 10 11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 12 VIRGINIA THAT: 13 14 1) $1,800,000 is hereby appropriated from the fund balance of the General Fund 15 from those amounts reserved for Pandemic Relief; 16 17 2) $1,100,000 is hereby authorized as a grant to the Virginia Beach Community 18 Development Corporation upon the terms set forth in Exhibit A, Summary of 19 Grant Terms; 20 21 3) $700,000 is hereby provided to the City of Virginia Beach Development 22 Authority for a loan to the Virginia Beach Community Development Corporation 23 upon the terms set forth in Exhibit B, Summary of Loan Terms; 24 25 4) The City Auditor is hereby requested to include in the annual audit schedule an 26 audit of the VBCDC in FY 20-21, FY 21-22, and FY 22-23. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2020. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: budget& Management Services City Attorne ' ice CA15256 R-1 October 29, 2020 EXHIBIT A: SUMMARY OF GRANT TERMS CITY GRANT TO VIRGINIA BEACH COMMUNITY DEVELOPMENT CORP. Grantor: The City of Virginia Beach ("City") Grantee: Virginia Beach Community Development Corporation ("VBCDC") Grant Amount: $1,100,000 Source of Funds: Fund Balance (Pandemic Relief) Use of Funds: Grantee to use all grant funds to pay down its line of credit. City Obligations: The City will make a grant to the VBCDC upon the terms provided herein. Such amounts to be made available to the VBCDC within 30 days of execution of grant agreement. VBCDC Obligations: The VBCDC agrees to cooperate fully with annual audits by the City Auditor for FY 20-21, 21-22 and 22-23. The VBCDC will commit to not acquiring or developing properties outside the boundaries of the City of Virginia Beach. EXHIBIT B: SUMMARY OF LOAN TERMS AUTHORITY LOAN TO VIRGINIA BEACH COMMUNITY DEVELOPMENT CORP. Lender: The City of Virginia Beach Development Authority ("Authority") Borrower: Virginia Beach Community Development Corporation Loan Amount: Not to exceed $700,000 Term: Two (2) years Interest Rate: 0% Use of Funds: Borrower to use the funds to pay its balance on a line of credit. Repayment Terms: The loan will be repaid with the net proceeds (sales price less any commissions or fees or required Federal repayments) from the sale of three properties owned by VBCDC and located in the City of Norfolk. Upon repayment of that amount, the balance of the loan will be forgiven by the VBDA. VBDA Obligations: The Authority will not make the loan unless and until City Council appropriates the Loan Amount to the Authority for the purposes stated herein. VBDA will remit the repayment received from the borrower to the City Treasurer within 15 business days of approval of such repayment by the Board of the VBDA. Special Terms: Borrower commits to the following: Upon receipt of the loan from VBDA, it will pay the same amount toward the TowneBank line of credit within 15 business days. Borrower will not use its line of credit for operational costs. Borrower will make every effort to secure a buyer for the three Norfolk properties and to seek a sale that provides the highest possible net proceeds. All sums will be immediately due and payable if the borrower has not complied with the commitments and terms above. DISCLOSURE STATEMENT FORM 4 0 The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Virginia Beach Community Development Corporation (VBCDC) SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets it needed) JAccounting and/or preparer of Wall, Einhorn & Chernitzer, P.C. 5 your tax return _ Financial Services (include Townebank, Virginia Housing, Er ®i lending/banking institutions and Virginia Community Capital, Bank current mortgage holders as of America, Truist, Vanguard, applicable) Wells Fargo Singer Davis, LLC a% 0� Legal Services VBCDC utilizes a number of different contractors and professional service providers for L% ❑ Broker/Contractor/Engineer/Other its affordable housing projects. Service Providers VBCDC is not aware of any provider that has special interests with the city of Virginia Beach that would require disclosure. 'CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. A LI NT'S SIGNATUR PRINT NAME DATE „ . Virg inia Beach COMMUNITY DEVELOPMENT CORPORATION Building,Suppo,ting 8 Preserving Communities since 1985. RESOLUTION WHERAS, Virginia Beach Community Development Corporation("VBCDC”)was created by City Council in 1985 to assist in achieving city goals for affordable housing and neighborhood preservation, and WHERAS,City Council appoints VBCDC's Board of Directors and therefore,VBCDC is a component unit of the city,and WHERAS,VBCDC submitted a funding proposal to the City of Virginia Beach for funding in the amount of$1,800,000 to repay its line of credit,and WHEREAS,Dealing with the line of credit is a critical remaining step toward VBCDC's ability to move forward with additional development and move closer to sustainability,and WHERAS,VBCDC agrees to the following conditions: (1) Upon receipt of funds from the city,as well as of the loan from the Virginia Beach Development Authority("VBDA"),VBCDC will pay the same amounts toward the TowneBank line of credit within 15 business days, (2) VBCDC will not use any available line of credit for operational costs. (3) VBCDC will make every effort to secure a buyer for the three properties it will own located in the City of Norfolk and seek a sale or sales that provides the highest possible net proceeds. (4) VBCDC agrees to cooperate fully with annual audits by the City Auditor for FY 20-21,21-22 and 22-23. (5) VBCDC will not acquire or develop properties outside the boundaries of the city of Virginia Beach. (6) VBCDC agrees that all funds received from VBDA will be immediately due and payable if the City Council determines,and conveys to the VBDA,that VBCDC has not complied with the commitments and terms of the funding agreement. NOW,THEREFORE,BE IT RESOLVED by the Board of Directors of the Virginia Beach Community Development Corporation("VBCDC")that the actions and conditions above are hereby resolved and that Jessica Guglielmo,as President and CEO of VBCDC,is hereby authorized to execute all documents relating to such transactions on behalf of VBCDC,such resolutions being adopted on October 28,2020 by VBCDC's Board of Directors with this Resolution,in full without modification. - 11 3 0 � Wan a ooper, •ident Da e Virginia Beach Co munity Development Corporation Board of Directors ill ,' CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Appropriate $11,677,033 in Coronavirus Relief Funds to the FY 2020-21 Operating Budget of the Virginia Beach City Public Schools MEETING DATE: November 10, 2020 • Background: The Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law on March 27, 2020. Coronavirus Relief Fund (CRF) awards were provided to states under the CARES Act. A portion of this funding is being made available directly to school divisions to help cover costs in preparing for, responding to and mitigating the impacts of the Novel Coronavirus Disease 2019 (COVID-19) pandemic. More specifically, these funds are awarded for costs incurred related to COVID-19, costs associated with reopening, and operating costs of public schools during the first months of the 2020-21 school year. Virginia Beach City Public Schools has been allocated CRF in the amount of$11,677,033. These funds will be used to support COVID-19 preparedness and response measures for the 2020-21 school year, including supplemental staffing costs, personal protective equipment, cleaning supplies, and technology to support distance learning. • Considerations: The School Board of the City of Virginia Beach adopted the attached CARES Act Budget Resolution at its October 27, 2020 meeting. This resolution requests the City Council appropriate the $11,677,033 of CRF funding to the Categorical Grants fund in the FY 2020-21 Operating Budget of the Virginia Beach City Public Schools. Similar to the City's CRF funds, there is a requirement the funds be expended prior to December 30, 2020. • Public Information: Normal Council agenda process. • Attachments: Ordinance; School Board Resolution Submitting Department/Agency: Virginia Beach City Public Schools City Manager:Afkb 6— 1 AN ORDINANCE TO APPROPRIATE $11,677,033 IN 2 CORONAVIRUS RELIEF FUNDS TO THE FY 2020-21 3 OPERATING BUDGET OF THE VIRGINIA BEACH 4 CITY PUBLIC SCHOOLS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 0 $11,677,033 in Federal Coronavirus Aid, Relief, and Economic Security (CARES) 10 Act Funding is hereby appropriated, with federal revenue increased accordingly, to the 11 Categorical Grants Fund of the Virginia Beach City Public Schools FY 2020-21 Operating 12 Budget to be used for eligible expenses such as supplemental staffing costs, personal 13 protective equipment, cleaning supplies, and technology to support distance learning. Adopted by the Council of the City of Virginia Beach, Virginia on the _ day of , 2020. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: QMI* OCT:' „Budget & Management Services City A ey's Office CA15257 R-1 October 29, 2020 4017 go 1� �� ��� VIRGINIA BEACH CITY CHARTING PUBLICTHE SCCOUHOOLSRSE ' School Board Services Carolyn T. Rye, Chair Kimberly A. Melnyk,Vice Chair District 5 - Lynnhaven District 7—Princess Anne Beverly M. Anderson Daniel D. Edwards Sharon R. Felton At-Large District 2— Kempsville District 6— Beach Dorothy M. Holtz Laura K. Hughes Victoria C. Manning At-Large At-Large At-Large Jessica L. Owens Trenace B. Riggs Carolyn D. Weems District 3—Rose Hall District 1—Centerville District 4- Bayside Aaron C. Spence, Ed.D., Superintendent Resolution Regarding Federal Coronavirus Relief Funds(CRF)Awarded to Virginia School Divisions WHEREAS, the Coronavirus Aid, Relief, and Economic Security(CARES) Act was signed into law on March 27, 2020; and WHEREAS, CRF awards were provided to states under the CARES Act and a portion is being made available directly to school divisions to help cover costs in preparing for, responding to and mitigating the impacts of the Novel Coronavirus Disease 2019 (COVID-19) pandemic; and WHEREAS, CRF awards are intended for costs incurred related to COVID-19 in reopening and operating public schools during the first months of the 2020-2021 school year; and WHEREAS, CRF awards provided to school divisions are allocated based on a projected September 30, 2020 fall membership count (66,725.90 for Virginia Beach City Public Schools) and a per-pupil amount of$175.00; and WHEREAS, CRF awards will not be adjusted later for actual September 30, 2020 fall membership; and WHEREAS,Virginia Beach City Public Schools will receive a CRF allocation in the amount of $11,677,033; and WHEREAS, these funds were not appropriated to the School Board of the City of Virginia Beach in the Fiscal Year 2020-2021 Budget Ordinance adopted by the City Council May 12, 2020; and WHEREAS, the funding will support COVID-19 preparedness and response measures for the 2020- 2021 school year to include supplemental staffing costs, personal protective equipment (PPE), cleaning supplies and technology to support distance learning; and Put Students First •Seek Growth •Be Open to Change •Do Great Work Together • Value Differences -3no r.e.....e u ••..•,n.:..a I on D....anTQ I tn...:..:..Qe ..,:. v:...:..:, ^zi.ccnnzQ N #7„, immot_ t tf �t .,! VIRGINIA BEACH CITY PUBLIC SCHOOLS it CHARTING THE COURSE WHEREAS, the School Board of the City of Virginia Beach requests an additional appropriation of $11,677,033 into the Categorical Grants fund to be used for expenditures incurred due to the COVID-19 health emergency as permitted by the Virginia Department of Education; and NOW,THEREFORE, BE IT RESOLVED: That the School Board of the City of Virginia Beach approves the recommended uses of the CRF allocation as presented by the Administration; and be it FURTHER RESOLVED: That the School Board requests that the City Council approve the appropriation of funds for the CRF allocation in Fiscal Year 2020-2021; and be it FINALLY RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council,the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 27th day of October 2020. SEAL -7\ 0 r Carolyn T. Rye, cool Board Attest: ------------ Regina M. Toneatto, Clerk of the Board Put Students First •Seek Growth •Be Open to Change •Do Great Work Together•Value Differences 1 ci?Gnnrnn kA.mi. 1 DA P,w gnu: I V'iminia Raarh Virninia rucc.-nnTA _ _ _ _ _ _ ;''.'•U ae':L.� tJ CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Appropriate $1,634,662 in Federal Funding to the FY 2020-21 Operating Budget of the Virginia Beach City Public Schools MEETING DATE: November 10, 2020 • Background: The Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law on March 27, 2020. The CARES Act included a $30.75 billion education stabilization fund with three components: an Elementary and Secondary School Emergency Relief (ESSER) Fund; a Governor's Emergency Education Relief (GEER) Fund; and a Higher Education Emergency Relief(HEER) Fund. The CARES Act State Set-Aside ESSER and GEER funds are for emergency relief and intended to address the impact that the Novel Coronavirus Disease 2019 (COVID-19) has had, and continues to have, on elementary and secondary schools across the nation. Fund allocations are based on formula based and competitive grants to support various programs and activities. Virginia Beach City Public Schools has been allocated CARES Act ESSER funds in the amount of $397,954 and GEER funds in the amount of $1,236,708, for a total award of$1,634,662. These funds will be used to: • Offer additional tutoring for students with disabilities; • Implement a universal social-emotional screener; • Support remote learning through education technology; • Purchase cleaning and disinfecting supplies and equipment; and • Purchase additional personal protective equipment (PPE) for students, staff and visitors as appropriate for their risk exposure • Considerations: At its October 27, 2020 meeting, the School Board of the City of Virginia Beach adopted the attached CARES Act ESSER and GEER Fund Budget Resolution requesting the appropriation of $1 ,634,662. The School Board requests the City Council appropriate these funds to Categorical Grants Fund of the FY 2020-21 Operating Budget of the Virginia Beach City Public Schools. These funds will be used for expenditures incurred due to the health emergency as permitted by the Virginia Department of Education, and the expenditures are required to be made before December 30, 2020. • Public Information: Normal Council agenda process. • Attachments: Ordinance; School Board Resolution Submitting Department/Agency: Virginia Beach City Public Schools City Manager: PIO 1 AN ORDINANCE TO APPROPRIATE $1,634,662 IN 2 FEDERAL FUNDING TO THE FY 2020-21 OPERATING 3 BUDGET OF THE VIRGINIA BEACH CITY PUBLIC 4 SCHOOLS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $1,634,662 in Federal Coronavirus Aid, Relief, and Economic Security (CARES) 10 Act Funding is hereby appropriated, with federal revenue increased accordingly, to the 11 Categorical Grants Fund of the FY 2020-21 Operating Budget of the Virginia Beach City 12 Public Schools for uses consistent with the intent of the Elementary and Secondary 13 School Emergency Relief Fund and Governor's Emergency Education Relief Fund. Adopted by the Council of the City of Virginia Beach, Virginia on the _ _ _ day of , 2020. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY: t \.J Budget& Management Services A or 's Office CA15258 R-1 October 29, 2020 t4 t gt �.,,, .A*... VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE School Board Services Carolyn T. Rye, Chair Kimberly A. Melnyk,Vice Chair District 5 - Lynnhaven District 7—Princess Anne Beverly M. Anderson Daniel D. Edwards Sharon R. Felton At-Large District 2—Kempsville District 6— Beach Dorothy M. Holtz Laura K. Hughes Victoria C. Manning At-Large At-Large At-Large Jessica L. Owens Trenace B. Riggs Carolyn D. Weems District 3—Rose Hall District 1—Centerville District 4- Bayside Aaron C. Spence, Ed.D., Superintendent _ _ _ _.. Resolution Regarding the Federal Coronavirus Aid, Relief, and Economic Security(CARES)Act Appropriation for State Set-Aside Awards Under the Elementary and Secondary School Emergency Relief(ESSER) Fund and the Governor's Emergency Education Relief(GEER) Fund WHEREAS,the Federal CARES Act was signed into law on March 27, 2020; and WHEREAS, the CARES Act includes a $30.75 billion education stabilization fund with three components: an Elementary and Secondary School Emergency Relief(ESSER) Fund,a Governor's Emergency Education Relief (GEER) Fund, and a Higher Education Emergency Relief(HEER) Fund; and WHEREAS, CARES Act State Set-Aside ESSER and GEER funds are for emergency relief and intended to address the impact that the Novel Coronavirus Disease 2019 (COVID-19) has had, and continues to have, on elementary and secondary schools across the nation;and WHEREAS,CARES Act State Set-Aside ESSER and GEER funds were awarded through formula-based and competitive grants to support various programs and activities; and WHEREAS,Virginia Beach City Public Schools has been allocated ESSER funds in the amount of$397,953.86 and GEER funds in the amount of$1,236,708.00 for a total award of$1,634,661.86; and WHEREAS,these funds were not appropriated to the School Board of the City of Virginia Beach in the Fiscal Year 2020-2021 Budget Ordinance adopted by the City Council May 12, 2020; and WHEREAS, examples of the proposed spending plan include offering additional tutoring for students with disabilities; implementing a universal social-emotional screener; supporting remote learning through education technology; purchasing cleaning and disinfecting supplies and equipment; and buying additional personal protective equipment(PPE)for students, staff and visitors as appropriate for their risk exposure; and WHEREAS,the School Board of the City of Virginia Beach requests an additional appropriation of $1,634,661.86 into the Categorical Grants fund to be used for expenditures incurred due to the COVID-19 health emergency as permitted by the Virginia Department of Education; and Put Students First •Seek Growth •Be Open to Change •Do Great Work Together • Value Differences 2512 George Mason Drive I P.O.Box 6038 I Virginia Beach.Virginia 23456-0038 _ st ,� VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE NOW,THEREFORE, BE IT RESOLVED: That the School Board of the City of Virginia Beach approves the recommended uses of the CARES Act State Set-Aside ESSER and GEER funds as presented by the Administration; and be it FURTHER RESOLVED: That the School Board requests that the City Council approve the appropriation of CARES Act State Set-Aside ESSER and GEER funds in Fiscal Year 2020-2021; and be it FINALLY RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 27th day of October 2020. SEAL l � Carolyn T. Rye, Sc I Board Cha' Attest: Re ma M.Toneatto, Clerk of the Board Put Students First •Seek Growth •Be Open to Change •Do Great Work Together • Value Differences 2512 George Mason Drive I P.O.Box 6038 I Virginia Beach.Virginia 23456-0038 ... ... c ,r„,„.„.,:„ -, xr� }Fi -0 s CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Transfer$246,158 within the FY 2020-21 Operating Budget of the Fire Department for Virginia Task Force 2 Equipment MEETING DATE: November 10, 2020 • Background: The City of Virginia Beach Fire Department is the sponsoring agency for Virginia Task Force 2 (VA-TF2), Urban Search and Rescue Team. The Federal Emergency Management Agency, the emergency preparedness branch of the Department of Homeland Security, provides funding for VA-TF2 through Cooperative Agreement Grants. This funding supports personnel costs, equipment and supplies, facility leasing, training and travel necessary to maintain the Team at an expected level of response capability. • Considerations: The Fire Department requests a transfer of$246,158 in surplus personnel funding to operating accounts within the FY 2017 FEMA Cooperative Agreement Grant. These unspent personnel funds resulted from vacancies during the grant period. Though the initial funding is from 2017, these grant funds are available for use by the Fire Department for qualifying expenses. If approved, these funds will be used to purchase equipment including new shirts, blouses, BDU pants, hats, gloves, rain gear, boots, and travel bags. Funds will also be used to purchase hazardous material meters and pallets to move equipment. • Public Information: Normal agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: i e.j,,si?i 11 1 t I.r_..._ 1 AN ORDINANCE TO TRANSFER $246,158 WITHIN 2 THE FY 2020-21 OPERATING BUDGET OF THE FIRE 3 DEPARTMENT FOR VIRGINIA TASK FORCE 2 4 EQUIPMENT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $246,158 is hereby transferred within the FY 2020-21 Operating Budget of the Fire 10 Department using the 2017 FEMA Cooperative Agreement Grant to purchase equipment 11 for the Virginia Task Force 2 Team. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2020. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: Budget& Management Services C ttor y's Offi CA15252 R-1 October 29, 2020 K. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW& ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD INVESTIGATIVE REVIEW PANEL MILITARY ECONOMIC DEVELOPMENT ADVISORY BOARD OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARIES BOARD RESORT ADVISORY COMMISSION TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ****************** PUBLIC COMMENT Non-Agenda Items *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************** The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting,please submit your request to pmcgraw@,vbgov.com or call 385-4303. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 10/20/2020 PAGE: 1 B AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 BC D N OMO 0 L W 0 O C Y L NOUWS 0 T THEEE S S E 0 0 E T I R Y S S ERNDN CITY COUNCIL'S BRIEFINGS A. ATLANTA CITIZEN REVIEW BOARD Samuel Reid, EDUCATIONAL BRIEFING Executive Director II. CITY MANAGER'S BRIEFINGS A. LYNNHAVEN MUNICIPAL PARKING Michael Kirschman, USE AGREEMENT Director—Parks and Recreation B. MOTORIZED SCOOTER FRANCHISE Brian Solis,Assistant AGREEMENT AMENDMENTS to the City Manager for Special Projects C. CONVENTION AND VISITORS Tiffany Russell, BUREAU MARKETING AND TOURISM Convention, UPDATE Tourism and Market Administrator Convention and Visitors Bureau D. INTERIM FINANCIAL UPDATE Alice Kelly,Director —Finance E. RELEASING FUNDING RESTRICTIONS David Bradley, ON CERTAIN CIP PROJECTS Deputy City Manager IIVIV/ CERTIFICATION OF CLOSED CERTIFIED 9-0 Y A Y Y Y A Y YYYY VI/VII SESSION B /VIII S T A N E D D. MINUTES APPROVED 10-0 Y A Y Y Y Y Y Y Y Y Y 1. JOINT SPECIAL SESSION September S,2020 2. INFORMAL/FORMAL SESSION APPROVED 10-0 Y A Y Y Y Y Y Y Y Y Y September 15,2020 3. SPECIAL SESSION APPROVED 6-0 A A Y Y A Y Y Y A A Y September 22,2020 B B B B S S S S T T T T A A A A I I I I N N N N E E E E D D D D 4 SPECIAL SESSION APPROVED 9-0 VA Y Y Y Y Y Y Y A Y October 13,2020 B S T A N E D E. MAYOR'S PRESENTATION Erin Sutton RESOLUTION IN RECOGNITION CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 10/20/2020 PAGE: 2 B AGENDA ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 BC D N OMO 0 L W 0 0 C Y L NOUWS O T T HEE E S S E 0 0 E T 1 R Y S S ERNDN F. PUBLIC COMMENT 1. ALLOCATION OF EDWARD BYRNE NO SPEAKERS JUSTICE ASSISTANCE GRANT Law Enforcement Purposes 2. 2021 LEGISLATIVE AGENDA 3 SPEAKERS G. PUBLIC HEARINGS 1. ACQUISITION OF AGRICULTURAL 1 SPEAKER LANDS PRESERVATION(ARP) EASEMENT 58.22 acres at the 1200 block of Princess Anne Road 2. PROPOSED CAFÉ FRACHISE 1 SPEAKER AGREEMENT Thirsty 24,LLC t/a Atlantic Pints at 2314 Atlantic Avenue 3. USE OF CITY PROPERTY 8 SPEAKERS Parking Use Agreement at Lynnhaven Municipal Marina with Chick's Marina Properties,LLC(13 spaces between 4 a.m.- 4 p.m.&24 spaces between 4 p.m.-4 a.m.) 4. LEASE OF CITY PROPERTY 1 SPEAKER a. 1113 Atlantic Avenue(deWitt Cottage) b. 912 Princess Anne Road to the Senior Resource Center,Inc. 1.1. Resolutions to REFER to Planning ADOPTED,AS 10-0 Y A Y Y Y Y Y Y Y Y Y Commission six(6)Ordinances pertaining to AMENDED the City Zoning Ordinance(CZO):*(a-e Requested by Vice Mayor Wood,Council Member Jones and Council Member Tower) a. AMEND Section 102 re establish short term rental overlay districts b. ADD Article 23,Sections 2300 to 2303 re establish regulations and requirements to short term rentals in each overlay district c. AMEND Official Zoning Map by the designation and incorporation of property into short term rental overlay districts re Weet S> _e Drive East Shore Drive,North End,and Oceanfront Resort District d. AMEND Sections 401,501,506,601,901, 1110,1125,1521 and 2203 and Section 5.2 of the Oceanfront Resort District Form- Based Code re requirements/use of short term rentals and overlays e. ESTABLISH transitional rules for the review of short term rental Conditional Use Permits in overlay districts f. AMEND Section 241.2 re establish additional safety requirements to short-term rentals(Requested by Council Member Henley) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:10/20/2020 PAGE: 3 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B CDN OMO 0 L W 0 O C Y L NOUWS 0 T THE E E S S E O O E T I R Y S S ER NDN I.2. Resolution to MOVE the November 3, ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y 2020,Regular Meeting of the City Council CONSENT to November 10,2020(Requested by Mayor Dyer and Vice Mayor Wood) I.3. Ordinance to AMEND City Code Section 2- ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y 20 re location of City Council Meetings CONSENT 1.4. Resolution to formally RE-ADOPT the ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y Virginia Beach Emergency Operations CONSENT Plan(EOP) 1.5. Resolution to AUTHORIZE the issuance ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y and sale of General Obligation Refunding CONSENT Bond,Series 2020,in an aggregate principal amount not to EXCEED$3,445,000 and the execution and delivery of certain documents prepared in connection therewith 1.6. Resolution to DESIGNATE Virginia Beach ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y as a Bee City USA affiliate CONSENT 1.7. Ordinance to ESTABLISH new Capital ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y Improvement Projects for FY2020-21 and CONSENT TRANSFER$738,534 from the Capital Project#100423 Traffic Safety Improvements(TSI)IV to the newly created a. capital projects: #100554 Independence Boulevard/ b. Columbus Street Pedestrian Improvements c. #100555 Parliament Drive Sidewalk Phase I #100556 Sandbridge Road Sidewalk 1.8. Ordinance to ADOPT revised regulations ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y for Resort Area Outdoor Café Franchise CONSENT I.9. Ordinance to GRANT a Franchise ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y Agreement for an Open Air Café in the CONSENT Resort Area to Thirsty-24,LLC t/a Atlantic Pints at 2314 Atlantic Avenue re Atlantic Avenue Sidewalk Café I.10. Ordinance to AUTHORIZE: ADOPTED,BY 9-1 Y A Y Y YNY Y Y Y Y a. Acquisition of an Agricultural Land CONSENT Preservation(ARP)easement from Holly Road,LLC and Ola Hill Krueger(58.22 +/-acres) b. issuance by the City of its contract obligation in the maximum principal amount of$681,174;and c. TRANSFER funds to purchase U.S. Treasury Strips I.11. Ordinance to AUTHORIZE the City ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y Manager to EXECUTE a Lease of City- CONSENT owned Property for up to five(5)years with Back Bay Wildfowl Guild,Inc.at 1113 Atlantic Avenue re the deWitt Cottage CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 10/20/2020 PAGE: 4 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B C D N OMO 0 L W 0 O C Y L NOUWS O T THEE E S S E O O E T I R Y S S ER NDN I.12. Ordinance to AUTHORIZE the City ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y Manager to EXECUTE a Building Lease CONSENT and Cooperative Agreement for up to five (5)years with Senior Resource Center, Inc. at 912 Princess Anne Road re provide support and services to senior citizens residing in the southern part of Virginia Beach I.13. Ordinance to AUTHORIZE the acquisition DEFERRED TO 10-0 Y A Y Y Y Y Y Y Y Y Y of property in fee simple re Princess Anne DECEMBER 8,2020, Plaza North London Bridge Creek Pump BY CONSENT Station Project,CIP#7-089 and the acquisition of temporary and permanent easements,either by agreement or condemnation I.14. Ordinance to AUTHORIZE a temporary ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y encroachment into a portion of City-Owned CONSENT Property known as Treasure Canal in Bay Island adjacent to 2233 Spinnaker Circle re construct and maintain a proposed boat lift 1.15. Ordinance to AUTHORIZE a temporary DEFERRED 10-0 Y A Y Y Y Y Y Y Y Y Y encroachment into a portion of existing, INDEFINITELY,BY unimproved City right-of-way at the Corner CONSENT of Schumann Drive,formerly Old Dam Neck Road,and Firefall Drive located adjacent to 685 Firefall Drive re construct and maintain an interpretive park comprised of an asphalt path,bordered with reclaimed brick,five(5)interpretive signs,three(3)benches,trash receptacles and a dog waste station 1.16. Ordinance to RESERVE Fund Balance ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y within the General Fund for the Pandemic CONSENT Financial Relief and Assistance and APPROPRIATE$10-Million in grants to the United Way of South Hampton Roads ($8-Million)and FY2020-21 Emergency Medical Services(EMS)Operating Budget ($2 Million)re emergency assistance for residents and nonprofit volunteer rescue squads 1.17. Ordinance to APPROPRIATE$2.4-Million ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y of Fund Balance in the General Fund and CONSENT $831,851 of Fund Balance in the Waste Management Enterprise Fund re purchase replacement vehicles and equipment CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 10/20/2020 PAGE: 5 B AGENDA ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 BC D N OMO 0 L W 0 O C Y L NOUWS 0 T T HEE E S S E O O E T I R Y S S ERNDN 1.18. Ordinances to ACCEPT and ADOPTED 10-0 Y A Y Y Y Y Y Y Y Y Y APPROPRIATE: a. $29,000 from the Virginia Department of Forestry to FY2020-21 Parks and Recreation Operating Budget/AUTHORIZE local match re tree plantings and review/ update the Urban Forest Management Plan b. $36,000 from Virginia Department of Criminal Justice Services to FY2020-21 Police Department Operating Budget re purchase of sanitizing equipment c. $48,000 from the DMV to the FY 2020-21 Police Department Operating Budget and AUTHORIZE 50%in-kind match re overtime related to the enforcement of DUI laws d. $48,200 from(DMV)to the FY2020-21 Police Department Operating Budget and to AUTHORIZE 50%in-kind match re overtime related to the enforcement of seat belt laws e. $288,975 from the Department of Homeland Security to the FY 2020-21 Police Operating Budget and TRANSFER funds within the FY2020-21 Police Operating Budget to provide the required local grant match re marine patrol equipment f. $49,000 from the Department of Homeland Security to the FY2020-21 Police Operating Budget re law enforcement equipment h. $70,991 from the Edward Byrne JAG to the FY2020-21 Sheriff's Office,Police Department and Community Corrections and Pre-Trial Services Division Operating Budgets re law enforcement purposes 1.18. Ordinances to ACCEPT and ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y APPROPRIATE: CONSENT g. $39,258,497 from the United States Department of Treasury CARES Act Coronavirus Relief Fund to FY2020-21 Grant Fund re reimbursable expenses $836,401 from the FEMA to the FY2020-21 Emergency Management Operating Budget re Regional Housing Plan Project j. $2,941,791 from HUD in Federal Funding/ Program Income to the FY2020-21 Housing and Neighborhood Preservation Operating Budget re adjustments in Community Development Block Grant,Housing Choice Voucher and HOME Programs CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 10/20/2020 PAGE: 6 B AGENDA ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 BC D N OMO 0 L W 0 O C Y L NOUWS 0 T THE E E S S E O O E T IRYS S E _ R N D N I.19. Ordinances to TRANSFER: ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y CONSENT a. $180,000 within the Waste Management Enterprise Fund/AUTHORIZE 7.5 temporary part-time positions re Apprenticeship Program b. $1.5-Million within the Stormwater Enterprise Fund re debt service payments c. $133,703 to Non-Departmental Operating Budget and AUTHORIZE the City Manager to enter into a long-term lease with the Commonwealth of Virginia re Virginia Aquarium parking lot premises J.I. 64t"STREET,LLC for a CUP re short APPROVED/ 8-2 Y A Y N Y NY Y Y Y Y term rental at 205 64t"Street DISTRICT 5 CONDITIONED,BY -LYNNHAVEN CONSENT J.2. C AND C DEVELOPMENT COMPANY, APPROVED/ 9-1 Y A Y N Y Y Y Y Y Y Y INC&CJE REAL ESTATE,LLC for a CONDITIONED,BY Conditional Use Permit re short term CONSENT rental at 2416 Arctic Avenue,Unit B DISTRICT 6-BEACH J.3. STUART&LORI GOLDWAG for APPROVED/ 9-1 Y A Y NY Y Y Y Y Y Y Conditional Use Permits re short term CONDITIONED,BY rental at 2002 Baltic Avenue: CONSENT a. Unit A b. Unit B DISTRICT 6-BEACH J.4. JKS PROPONENT PROPERTIES,LLC APPROVED/ 9-1 Y A Y N Y Y Y Y Y Y Y for a CUP re short term rental at 304 28'" CONDITIONED,BY Street,Unit 209 DISTRICT 6-BEACH CONSENT J.5. RACHAEL PANARIELLO for a CUP re APPROVED/ 9-1 Y A Y N Y Y Y Y Y Y Y short term rental at 911 Pacific Avenue, CONDITIONED,BY Unit A DISTRICT 6-BEACH CONSENT J.6. CAROL DAVIS for a CUP re short term DENIED 8-2 NA Y YYY N YYYY rental at 1305 Chickadee Lane DISTRICT 6 -BEACH J.7. OCEAN RENTAL PROPERTIES,LLC APPROVED/ 8-2 Y A Y NYNY Y Y Y Y for CUP re short terms rental at 516 CONDITIONED Norfolk Avenue: a. Unit 1 b. Unit 2 c. Unit 4 d. Unit 5 COUNCIL DISTRICT 6-BEACH J.8. CHARLIE KIM for a Conditional Use DENIED 10-0 Y A Y Y Y Y Y Y Y Y Y Permit re short term rental at 809 Vanderbilt Avenue DISTRICT 6-BEACH CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 10/20/2020 PAGE: 7 B AGENDA ITEM# SUBJECT MOTION VOTE R A L B U E J R T I 0 BC D N OMO 0 L W 0 O C Y L NOUWS 0 T THEE E S S E O O E T I R Y S S ERNDN K. APPOINTMENTS RESCHEDULED 10-0 BY C ONS E N S US 2040 VISION TO ACTION COMMUNITY COALITION CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HOUSING ADVISORY BOARD INVESTIGATIVE REVIEW PANEL MILITARY ECONOMIC DEVELOPMENT ADVISORY BOARD OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARIES BOARD RESORT ADVISORY COMMISSION TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION BAYFRONT ADVISORY COMMISSION Appointed: 10-0 Y A Y YYY Y YYYY Captain Michael L. Witherspoon Ex-Officio Commanding Officer JEB/LC-FS 3 Year Tenn 10/20/2020-9/30/2023 BOARD OF BUILDING CODE APPEALS Appointed: 10-0 Y A Y YYY Y YYYY Thomas Sherwin- Electrical Contractor 5 Year Term 10/20/2020-9/30/2025 CHESAPEAKE BAY ALCOHOL SAFETY Appointed: 10-0 Y A Y YYY Y YYYY ACTION PROGRAM Paul Neudigate, Police Chief 3 Year Term 10/20/2020—9/30/2023 CLEAN COMMUNITY COMMISSION Appointed: 10-0 Y A Y YYY Y Y Y Y Y Sandra Shinabarger Unexpired Term than 3/31/2021 +3 Year Term 4/1/2021-3/31/2024 COMMUNITY POLICY AND Appointed: 10-0 Y A Y Y Y Y Y Y Y Y Y MANAGEMENT TEAM Deidria Bolden, (Human Services Designee) Unexpired Term 10/20/2020 thru 1/31/2022 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:10/20/2020 PAGE: 8 B AGENDA ITEM# SUBJECT MOTION VOTE R A L H W B U E J R T I 0 B C D N OMO 0 L W 0 O C Y L NOUWS O T THE E E S S E O O E T I R Y S S ERNDN COMMUNITY SERVICES BOARD Appointed: 10-0 Y A Y YYY Y YYYY Kay Ashby Diane Jones 3 Year Term 10/20/2020—9/30/2023 GREEN RIBBON COMMITTEE Appointed: 10-0 Y A Y Y Y Y Y Y Y Y Y Claudia Cotton, (Tidewater Builders Association) Roy Flanagan Chris Freeman Laura Habr Albert Henley Emily Steinhilber 1 Year Term 11/1/2020—10/31/2021 HEALTH SERVICES ADVISORY Appointed: 10-0 Y A Y YYY Y YYYY BOARD Justine Reyes-Ford 3 Year Term 10/20/2020—9/30/2023 HOUSING ADVISORY BOARD Appointed: 10-0 Y A Y Y Y Y Y Y Y Y Y Don Weeks (Single/Multi Family Home Builder) 4 Year Term 10/20/2020—9/30/2024 HUMAN RIGHTS COMMISSION Appointed: 10-0 Y A Y Y Y Y Y Y Y Y Y Morgan Ellis-Student Hannah Mancoll- Student 1 Year Term 10/20/2020—9/30/2021 MINORITY BUSINESS COUNCIL Appointed: 10-0 Y A Y YYY Y YYYY Jaketa R.Clark- Thompson Unexpired Term thru 5/31/2022 Reappointed: Damen Watson 2 Year Term 11/1/2020—10/31/2022 OCEANA LAND USE CONFORMITY Appointed: 10-0 Y A Y YYY Y YYYY COMMITTEEE Lisa Murphy, (Chair,Development Authority) No Term PARKS AND RECREATION COMMISSION Appointed: 10-0 Y A Y YYY Y YYYY Jackson Tower- Student 2 Year Term 10/20/2020—9/30/2022 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 10/20/2020 PAGE: 9 B AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B C D N OMO 0 L W 0 O C Y L NOUWS 0 T T HEE E S SEOOE T I RYS S E R , N D N PUBLIC LIBRARIES BOARD Appointed: 10-0 Y A Y YYY Y YYYY Corinne Medina- Student 2 Year Term 10/20/2020—9/30/2022 RESORT ADVISORY COMMISSION Appointed: 10-0 Y A Y YYY Y Y Y Y Y C.E.Douglas, (Virginia Beach Council Civic Organization) 3 Year Term 10/20/2020—9/30/2023 WETLANDS BOARD Appointed: 10-0 Y A Y Y Y Y Y Y Y Y Y SunTemple Helgren- Alternate 5 Year Term 10/20/2020—9/30/2025 L/M/N ADJOURNMENT 10:41 p.m. OPEN DIALOGUE 7 SPEAKERS 11:17p.m.